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AF | BCMR | CY2007 | BC-2006-00602
Original file (BC-2006-00602.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00602
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  1 SEPTEMBER 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected  medical  conditions,  Intervertebral  Disc  Syndrome,
Degenerative Arthritis of the Cervical Spine,  Bursitis  of  the  Shoulders,
Residuals of Foot Injury (Right), Bronchitis, Impaired Hearing and  Tinnitus
be reevaluated under the Combat Related Special Compensation (CRSC)  program
so he may qualify for compensation under the CRSC program.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His conditions resulted from activities involving simulated  war  conditions
and were further exacerbated  during  five  months  of  continuous  mobility
operations from September 1990 through January 1991.

In support of his request, applicant provides a copy of the  CRSC  decision.
His complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the  Regular  Air  Force  on  7  July  1977.   He  was
progressively promoted to the grade of master  sergeant.   He  served  as  a
Personnel Superintendent.  He voluntarily retired from the Air Force  on  28
February 1991 after having served 26 years and 28 days on active duty.

Available Department of Veterans Affairs (DVA) records  reflect  a  combined
compensable rating of 80% for his unfitting conditions.

On 24 November 2003, 17 March 2005 and 13 February 2006,  respectively,  his
CRSC application and subsequent reconsiderations  were  disapproved  because
his service-connected medical conditions were determined not to  be  combat-
related.
_________________________________________________________________


AIR FORCE EVALUATION:

AFPC/DPPDC recommends denial.  DPPDC provides a review  of  the  applicant’s
medical records and states that although his  conditions  have  been  deemed
service-connected by the VA, these conditions  do  not  meet  the  mandatory
criteria for compensation under the  CRSC  program  as  outlined  under  the
provisions of Public Law 107-314.  The DPPDC evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was sent to  the  applicant  on  30  June
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
conditions the applicant believes are combat-related were  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,  do  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
basis to recommend granting the relief sought in this application.

4.  The applicant’s case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issue  involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of material error  or  injustice;  that  the  application  was
denied without a personal appearance; and that 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  Docket  Number  BC-2006-00602
in Executive Session on 17 January 2007, under the  provisions  of  AFI  36-
2603:

      Mr. Thomas S. Markiewicz, Chair
      Mr. Michael V. Barbino, Member
      Mr. Alan Blomgren, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2006-
00602 was considered:

    Exhibit A.  DD Form 149, dated 18 Feb 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 20 Jun 06.
    Exhibit D.  Letter, SAF/MRBR, dated 30 Jun 06.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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