RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02455
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: YES
MANDATORY CASE COMPLETION DATE: 19 FEBRUARY 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, Right and Left Knee Prosthesis
and Degenerative Arthritis of the Lumbar Spine 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 conditions were aggravated by injuries incurred when he was
involved in a helicopter accident in 1958.
In support of his request, applicant provides copies of his special orders
dated 26 August 1958, 8 September 1958 and 29 October 1958, respectively.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 1 August 1968, after serving 20 years, 7 months, and 22 days of total
active service, the applicant was medically retired due to his medical
condition in the grade of technical sergeant.
On 9 August 2005, the applicant’s original request for CRSC for Prostate
Cancer, Impaired Hearing, Erectile Dysfunction and Special Monthly
Compensation for Loss of Use of a Creative Organ was approved for 100
percent disability. His request for CRSC for Right and Left Knee
Prosthesis and Degenerative Arthritis of the Lumbar Spine was disapproved.
Available Department of Veterans Affairs (DVA) records reflect a VA Rating
Decision, dated 9 June 2005, with a combined compensable rating of 100% for
his unfitting conditions.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD advises there is no evidence to support
the applicant’s claim that his service-connected disabilities of Right and
Left Knee Prosthesis and Degenerative Arthritis of the Lumbar Spine were
aggravated by injuries sustained from a helicopter crash and were combat-
related. 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 1 December
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-2006-02455
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-
02455 was considered:
Exhibit A. DD Form 149, dated 11 Aug 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 14 Nov 06.
Exhibit D. Letter, SAF/MRBR, dated 1 Dec 06.
THOMAS S. MARKIEWICZ
Chair
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