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AF | BCMR | CY2006 | BC-2006-01250
Original file (BC-2006-01250.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01250
            INDEX CODE:  108.07

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  9 SEP 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical condition,  limited  motion  of  the  arm,  be
assessed as combat related in order to qualify for  compensation  under  the
Combat Related Special Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He has been denied twice for CRSC.  He sustained an injury at Fort  Dix  New
Jersey while simulating combat which should qualify  him  for  the  CRSC  in
accordance with DD Form 2860 – Application for CRSC.

In support of his request, the applicant provided a personal  statement  and
documentation associated with his CRSC application.

Applicant’s complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air  Force  on  3
October 1983.  He was progressively  promoted  to  the  grade  of  technical
sergeant, having assumed that grade effective and with a date of rank  of  1
August 2001.  He served as a  Security  Forces  Craftsman.   On  31  October
2003, he was relieved from active duty and retired from the Air Force  on  1
November 2003, having served 20 years and 28 days on active duty.

Available Department of Veterans Affairs (DVA) records  reflect  a  combined
compensable rating of 30% for his unfitting conditions.

His CRSC application was disapproved on 29 March 2005 based  upon  the  fact
that his service-connected  medical  condition  was  determined  not  to  be
combat-related.   He  appealed  the  Board’s  decision,   which   was   also
disapproved on 3 May 2005.  On  22  June  2006,  his  CRSC  application  was
approved for tinnitus rated at 10% and impaired hearing  rated  at  0%.   It
was determined there was no evidence to confirm his limited  motion  of  the
arm was combat- related.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD  states  in  regard  to  the  applicant’s
contention regarding limited motion of the arm – his records reflect he  was
treated for shoulder pain; however, the medical  provider  noted  “no  known
cause or overuse” and “no previous injury to shoulder or neck.”

Additionally, being in an exercise environment or armed conflict,  being  in
a military vehicle, or performing hazardous service (flight crew, EOD, para-
rescue, etc.) does not automatically qualify an individual for CRSC.

The DPPD complete evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded  to  the  applicant  on  14
July 2006 for review and comment within 30 days.   As  of  this  date,  this
office has received no response.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice.  After a thorough review of  the  available
evidence of record, it is our opinion  that  the  service-connected  medical
condition the applicant believes is combat-related was not incurred  as  the
direct result of armed conflict, while engaged in hazardous service, in  the
performance  of  duty  under  conditions  simulating  war,  or  through   an
instrumentality of war, and therefore, does  not  qualify  for  compensation
under the CRSC Act.  We agree with the opinion  and  recommendation  of  the
Air Force office of primary responsibility and adopt its  rationale  as  the
basis for our conclusion that the applicant has not been the  victim  of  an
error or injustice.  In the absence of evidence to the contrary, we find  no
compelling  basis  to  recommend  granting  the  relief   sought   in   this
application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of an error or injustice; the application was  denied  without
a personal appearance; and the application will only  be  reconsidered  upon
the submission of newly discovered relevant  evidence  not  considered  with
this application.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2006-
01250 in Executive Session on 23 August 2006, under the  provisions  of  AFI
36-2603:

      Mr. Thomas S. Markiewicz, Chair
      Mr. Alan A. Blomgren, Member
      Mr. Richard A. Peterson, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 16 Apr 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 23 Jun 06, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 14 Jul 06.




                                   THOMAS S. MARKIEWICZ
                                   Chair







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