RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02917
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 27 MAR 08
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, impaired hearing, loss of motion-
ring or little finger, and right knee, be assessed as combat related in
order to qualify for compensation under the Combat Related Special
Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He desires CRSC for his service-connected medical conditions and for his
right knee that he injured in France during 1945.
In support of his request, the applicant provided a personal statement.
Applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant entered active duty on 12 January 1940. He was progressively
promoted to the grade of master sergeant, having assumed that permanent
grade effective and with a date of rank of 1 June 1953. He served as an
Aircraft Maintenance Technician. He was relieved from active duty on 29
February 1960 and retired from the Air Force on 1 March 1960, having served
20 years and 10 days on active duty.
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 30% for his unfitting conditions.
On 17 August 2006, the applicant’s CRSC application was disapproved for
insufficient documentation. On 5 December 2005, his CRSC application was
reconsidered and partially approved for impaired hearing rated at 20% and
disapproved for loss of motion ring or little finger based upon the fact
that his service-connected medical condition was determined not to be
combat-related. His knee condition was rated as not service-connected.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states there is no evidence found to
support the applicant’s claim that his finger condition was combat-related.
This history provided in the VA exam, dated 26 February 2006, conflicts
with the explanation from applicant and no other evidence can be found to
justify approval of this claim. While the VA may have determined, the
injuries were combat-related, i.e., incurred during a period of combat, the
guidelines for CRSC are much more stringent. Simply being in an armed
conflict or exercise environment, being in a military vehicle, or
performing hazardous service (flight crew, EOD, para-rescue, etc.), in and
of itself, does not automatically qualify an individual for CRSC. There
must be documentation identifying the specific cause of the injury or
illness, the activities/events taking place at the time, and linking them
to the resulting disability. As such, many disabilities that are service-
connected by the VA are ineligible for compensation under CRSC. Since his
knee injury was deemed not service-connected by the VA, DPPD is unable to
consider this condition for CRSC.
The DPPD complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 15 December 2006, the evaluation was forwarded to the applicant for
review and comment within 30 days (Exhibit D). 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
compelling 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 an error or injustice; the application was denied without
a personal appearance; and 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 AFBCMR Docket Number BC-2006-
02917 in Executive Session on 17 May 2007, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Alan A. Blomgren, Member
Mr. Michael V. Barbino, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 6 Sep 06, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 5 Dec 06.
Exhibit D. Letter, SAF/MRBR, dated 15 Dec 06.
THOMAS S. MARKIEWICZ
Chair
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