RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-03836
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 17 JUN 08
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical condition, varicose veins, be assessed as
combat related in order to qualify for compensation under the Combat
Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His varicose veins are due to prolonged standing and heavy lifting during
his time of service in the Navy.
In support of his request, the applicant provided a personal statement and
documentation associated with his CRSC application.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered on active duty 11 December 1947. He was
progressively promoted to the grade of senior master sergeant, having
assumed that grade effective and with a date of rank of 1 April 1965. He
served as a Management Analyst. On 31 July 1969, he was relieved from
active duty and retired from the Air Force on 1 August 1969, having served
26 years, 3 months, and 13 days on active duty.
Available DVA records reflect a combined compensable rating of 80% from 20
September 2000 for his unfitting conditions.
His CRSC application was approved on 9 May 2005 for impaired hearing and
degenerative arthritis – cervical spine. However, his application was
disapproved for varicose veins based upon the fact that his service-
connected medical condition was determined not to be combat-related.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states in the applicant’s initial
application, he indicated he believes his varicose veins are due to
prolonged standing and heavy lifting which occurred during his service in
the navy; however, conditions incurred from standing and heavy lifting are
not unique to military service or combat situations. Therefore, when
considering chronic conditions such as varicose veins, the CRSC Board can
only approve them if there is clear evidence that a combat-related event or
injury caused or aggravated the condition. The applicant provided no such
documentation.
While service-connected disabilities are required for initial eligibility
for CRSC consideration, CRSC criteria require documentation to support a
qualifying combat-related event or events as the direct cause of the
disability. Simply being in an armed conflict or exercise environment,
being in a military vehicle, or performing hazardous service (flight crew,
EOD, pararescue, etc.) does not automatically qualify an individual for
CRSC.
The DPPD complete evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant reviewed the evaluation and indicates neither WWII in the
Mediterranean or in the Pacific were simulated war but the actual
implementation of war. The 29-months he was overseas aboard warships was
hazardous duty and anyone who disagrees is not familiar with the history of
WWII. His duty was hazardous to life and limb, especially his lower limbs
due to prolonged standing on steel decks.
Applicant’s complete response, with attachments, is at Exhibit E.
_________________________________________________________________
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
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-
03836 in Executive Session on 23 July 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 5 Dec 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 12 Mar 07.
Exhibit D. Letter, SAF/MRBR, dated 23 Mar 07.
Exhibit E. Letter, Applicant, dated 28 Mar 07.
THOMAS S. MARKIEWICZ
Chair
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