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AF | BCMR | CY2007 | BC-2006-02917
Original file (BC-2006-02917.doc) Auto-classification: Denied

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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