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AF | BCMR | CY2007 | BC-2006-02100
Original file (BC-2006-02100.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02100
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  16 JANUARY 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected  medical  condition,  Varicose  Veins  be  reevaluated
under the Combat Related Special  Compensation  (CRSC)  program  so  he  may
qualify for compensation under the CRSC program.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His medical condition resulted from simulated combat training while  serving
in the Army during the periods 1947 – 1953 and while in the Air  Force  from
1966 – 1968.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 1 July 1968, after serving 20 years and 16 days of total active  service,
the applicant voluntarily retired  from  the  Air  Force  in  the  grade  of
technical sergeant.

On 21 April 2006, the applicant’s original request for  CRSC  for  Tinnitus,
Impaired Hearing and Varicose Veins was partially  approved,  awarding  CRSC
for Tinnitus and Impaired Hearing.  Applicant  subsequently  appealed  twice
for his Varicose Veins; however, these requests were disapproved on 12  June
2006 and 27 July 2006.

Available Department of Veterans Affairs (DVA) records reflect a  VA  Rating
Decision, dated 7 December 2004, with a combined compensable rating  of  50%
for his unfitting conditions.
_________________________________________________________________




AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD advises while the evidence provided  does
confirm  participation  in  simulated  combat  activities,   there   is   no
documentation to link the Varicose  Veins  to  any  injury  incurred  during
these simulations or that the condition was the result  of  armed  conflict,
hazardous service, simulating war, or due  to  an  instrumentality  of  war.
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 16  February
2007 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-2006-02100
in Executive Session on 17 May 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-
02100 was considered:

    Exhibit A.  DD Form 149, dated 12 Jun 06 and 2 Aug 06,
                w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 10 Feb 07.
    Exhibit D.  Letter, SAF/MRBR, dated 16 Feb 07.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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