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AF | BCMR | CY2007 | BC-2006-01726
Original file (BC-2006-01726.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01726
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  10 DECEMBER 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical condition, Bone Condition (Left  Shoulder  and
Cervical  Spine),  be  reevaluated  under   the   Combat   Related   Special
Compensation (CRSC) Act in order to qualify for compensation under the  CRSC
Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

In March 1945, he bailed out of his C-53 Transport  plane  and  sustained  a
shoulder injury.  His shoulder injury only required him  to  wear  a  sling.
When he was discharged in September 1945, he was  granted  a  war  connected
10% disability due to his shoulder injury.

In support of his  request,  applicant  provides  a  personal  statement,  a
supporting statement from  fellow  crew  member  and  a  copy  of  his  CRSC
application with  associated  documents.    His  complete  submission,  with
attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 31 May 1966, the applicant retired from the Air Force  in  the  grade  of
lieutenant colonel, after serving 21 years, 4 months, and 26 days on  active
duty.

On 12 September 2005, the applicant’s original  request  for  CRSC  for  his
bone condition was disapproved.

Available Department of Veterans Affairs (DVA) records reflect a  VA  Rating
Decision, dated  15  November  1966,  compensable  rating  of  10%  for  his
unfitting condition.
_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD advises that  although  the  fellow  crew
member’s  statement  validates  the  fact   that   the   bailout   occurred,
unfortunately, this  evidence  does  not  confirm  that  the  applicant  was
injured at that time or that his disability was associated with that  event.
 The DPPD complete 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  22
September 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
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 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-2006-00175
in Executive Session on 16 January 2007, under the  provisions  of  AFI  36-
2603:

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

The following documentary evidence  pertaining  to  Docket  Number  BC-2006-
01726 was considered:

    Exhibit A.  DD Form 149, dated 10 May 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 15 Sep 06.
    Exhibit D.  Letter, SAF/MRBR, dated 22 Sep 06.




                                   THOMAS S. MARKIEWICZ
                                   Chair



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