RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-00664
INDEX CODE: 108.07
XXXXXXXXXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 4 SEPTEMBER 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, limited motion of the wrists and
right and left knee conditions be assessed as combat related in order to
qualify for compensation under the Combat Related Special Compensation
(CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His conditions are a direct result of action under combat conditions.
In support of his request, applicant provides a copy of his CRSC
application with associated documents and excerpts from his military
personnel record. His complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 28 October 2004, the applicant retired from the Air National Guard in
the grade of master sergeant after serving 26 years, 6 months, and 12 days
on active duty.
On 11 September 2006, the applicant’s original request for CRSC for his
limited motion of the wrists and right and left knee conditions were
disapproved. He twice appealed the decision and on 12 December 2006 and 14
February 2007, his requests were disapproved.
Available Department of Veterans Affairs (DVA) records reflect a VA Rating
combined compensable rating of 80% for his unfitting conditions.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD advises the applicant’s service-
connected disabilities of limited motion of the wrists and right and left
knee conditions do not meet the mandatory criteria for compensation under
the CRSC program.
The DPPD complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant submits excerpts of his military personnel record and a copy of
his correspondence to his Senator. The applicant’s complete letter, 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
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
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 Docket Number BC-2007-00664
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 Docket Number BC-2007-
00664 was considered:
Exhibit A. DD Form 149, undated, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 10 Apr 07.
Exhibit D. Letter, SAF/MRBR, dated 13 Apr 07.
Exhibit E. Letter, Applicant, dated 14 Jun 07, w/atchs.
THOMAS S. MARKIEWICZ
Chair
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