RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-00566
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 27 AUGUST 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, phlebitis and varicose veins, be
reevaluated and assessed as combat related in order to qualify for
compensation under the Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was assigned to a medical evacuation squadron and was in charge of
critical patients. He spent most of his time on his knees and in July 1968
began to have pain in his right leg but nothing was found.
In support of his request, applicant provides a personal statement and a
copy of the CRSC decision. His complete submission, with attachments, is
at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 12 January 1995, after having served as a medical services specialist
and attaining 20 years of total active service, the applicant voluntarily
retired from the Air Force in the grade of chief master sergeant.
His CRSC application was partially approved on 23 January 2007, at a 70%
rate with Individual Unemployability (IU) for post-traumatic stress
disorder and impaired hearing. His request for his phlebitis and varicose
veins were disapproved because there was no evidence to confirm these
disabilities were the direct result of armed conflict, hazardous service,
instrumentality of war, or simulating war.
Available Department of Veterans Affairs (DVA) records reflect a VA Rating
Decision, dated 26 August 2004, with a combined compensable rating of 90%
for his unfitting conditions.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD advises that while the VA provided
service connection for phlebitis and varicose veins, the circumstances
described by the applicant do not meet the mandatory criteria for
compensation under the CRSC program as outlined under the provisions of 10
U.S.C., Chapter 71, Section 1413a. DPPD advises that IU is equivalent to a
100% disability rating. With CRSC approval at 70% with IU, the applicant
is receiving CRSC compensation at the maximum rate payable under law. The
DPPD complete 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 13
July 2007 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. The available evidence of record does not
support a finding that the service-connected medical conditions the
applicant believes are combat-related were 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 AFBCMR Docket Number BC-2007-
00566 in Executive Session on 2 November 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 pertaining to Docket Number BC-2007-
00566 was considered:
Exhibit A. DD Form 149, dated 19 February 2007, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 26 June 2007.
Exhibit D. Letter, SAF/MRBR, dated 13 July 2007.
THOMAS S. MARKIEWICZ
Chair
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