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AF | BCMR | CY2007 | BC-2007-00404
Original file (BC-2007-00404.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-00404
            INDEX CODE:  108.07
      XXXXXXX    COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  12 AUGUST 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical condition of Right and  Left  Knee  Prosthesis
and Varicose Veins in both legs be reassessed as combat related in order  to
qualify for compensation  under  the  Combat  Related  Special  Compensation
(CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His conditions are the result of injuries he sustained when he  jumped  from
a burning aircraft and landed on his knees.

In support of his request, the applicant provided  documentation  associated
with his CRSC application.

His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 1 Nov 68, the applicant retired from the Air Force (physical  disability)
in the grade of staff sergeant, after  serving  20  years  and  13  days  on
active duty.

Available Department of Veterans Affairs (DVA) records reflect a  rating  of
0% for his combat-related service-connected condition  of  Impaired  Hearing
and an 80% combined rating  for  his   conditions  of  Knee  Prosthesis  and
Varicose Veins.

His CRSC application was disapproved on 21 Nov 05 because the DVA was  under
the assumption  he  had  not  waived  his  military  retirement  to  receive
compensation from the DVA; however, that information was incorrect  and  the
VA actually received the form on May 2, 2006.

_________________________________________________________________



AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD provides  a  review  of  the  applicant’s
medical records and notes the DVA Rating Decision, dated 21 Jan 69,  awarded
service-connected compensable ratings  for  Impairment  of  the  Knees,  and
Varicose Veins, and non-compensable ratings for  several  other  conditions,
including Impaired Hearing.   The  applicant  was  reevaluated  by  the  DVA
several times for his knee conditions and  varicose  veins;  however,  there
was no mention of the injuries he claimed led to his knee conditions.   DPPD
states when considering chronic conditions, the CRSC Board can only  approve
them if there is clear  evidence  that  a  combat-related  event  of  injury
caused or aggravated the condition.  DPPD  states  although  his  conditions
have been service-connected by the DVA, CRSC criteria require  documentation
to support a qualifying combat-related event or events as the  direct  cause
of the disability.   Simply  performing  duties  in  an  armed  conflict  or
exercise    environment,    performing    maintenance    on    a    military
aircraft/vehicle, or performing hazardous service (flight  crew,  pararescue
and etc.) does not automatically qualify an individual  for  CRSC.   Without
clear evidence of a combat related cause,  DPPD  is  unable  to  award  this
compensation.  Additionally, the CRSC Board noted his  Impaired  Hearing  is
considered combat-related and approved it for CRSC;  however,  since  it  is
currently rated at zero percent, he will not receive  compensation  at  this
time.  If the DVA increases his rating, he may be eligible to  receive  CRSC
in the future.  DPPD states  his  condition  does  not  meet  the  mandatory
criteria for compensation under the CRSC program.

The DPPD evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on  4  May
07 (Exhibit D) 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
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 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 this application in  Executive
Session on 23 July 2007, under the provisions of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Chair
      Mr. Michael V. Barbino, Member
      Mr. Alan A. Blomgren, Member

The following documentary evidence pertaining to AFBCMR  Docket  Number  BC-
2007-00404 was considered:

    Exhibit A.  DD Form 149, dated 23 Jan 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 30 Apr 07, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 4 May 07.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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