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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