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AF | BCMR | CY2007 | BC-2007-00837
Original file (BC-2007-00837.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-00837
            INDEX CODE:  108.07
      XXXXXXXXXXXXXXXX COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  21 SEPTEMBER 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical  conditions,  intervertebral  disc  condition,
hiatal hernia, tinnitus  and  impaired  hearing  be  reevaluated  under  the
Combat Related Special Compensation (CRSC) program so  he  may  qualify  for
compensation under the CRSC program.

_________________________________________________________________

APPLICANT CONTENDS THAT:

During his  service  in  Korea  and  Vietnam,  his  job  was  to  run  heavy
equipment, pour concrete and  build  runways  and  bunkers.   His  unit  was
attacked while  retrieving  equipment  from  the  docks  and  was  hit  with
mortars.

In support of his request, applicant provides a copy of the  CRSC  decision.
His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant entered active duty on 12 September 1951.   He  was  progressively
promoted to  the  grade  of  master  sergeant,  having  assumed  that  grade
effective and with a date of rank of 1 February 1969.   Records  reflect  he
served in Korea from 27 April 1953 to 27 April 1954.and in the  Republic  of
Vietnam from 10 May 1965 through 24  April  1966.   He  voluntarily  retired
from the Air Force on 30 June 1972, having served 20 years, 9 months and  19
days on active duty.

Available Department of Veterans Affairs (DVA) records  reflect  a  combined
compensable rating of 80% for his unfitting conditions.

His CRSC application was disapproved on 22 October 2003, for  intervertebral
disc condition, hiatal hernia, tinnitus and impaired hearing  because  there
was no evidence to confirm these disabilities were the result of  a  combat-
related event or injury. The applicant appealed  this  decision  twice,  but
his requests were disapproved.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD advises that 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.

The AFPC/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  4  May
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.  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-2007-00837
in Executive Session on 23 July 2007, under the provisions of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Chair
      Mr. Richard A. Peterson, Member
      Mr. Alan Blomgren, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2007-
00837 was considered:

    Exhibit A.  DD Form 149, dated 9 Mar 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 25 Apr 07.
    Exhibit D.  Letter, SAF/MRBR, dated 4 May 07.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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