RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-00904
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  25 SEPTEMBER 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Department of Veterans Administration (DVA) medical records  be  changed
from "Fell from truck and twisted knee" to  "Thrown  from  US  Army  Weapons
Carrier (WC) when driver  braked  suddenly  and  I  fell  on  my  right  leg
severely injuring my right knee." so he can be assessed  as  combat  related
in order to qualify  for  compensation  under  the  Combat  Related  Special
Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was taken to the hospital by the US  Army  ambulance.   He  believes  the
medical statement/entry was  probably  made  during  his  admission  to  the
hospital but does not accurately state in detail what happened or  the  type
of vehicle it was.  His admission was delayed due to  the  distance  covered
after the injury and third party comments.  The statement as it is does  not
qualify him for combat related compensation.

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

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

_________________________________________________________________

STATEMENT OF FACTS:

On 1 November 1973, the applicant retired from the Air Force  in  the  grade
of chief master sergeant, after serving 28 years, 7 months and  13  days  on
active duty.

Available DVA records reflect a combined compensable rating of 40%  for  his
service-connected conditions.

He initially applied for CRSC for his knee prosthesis  (right  knee)  on  20
October 2005; however, it was disapproved on 22 December 2005.  He  provided
additional information and was  again  disapproved  14  March  2007  because
evidence was not provided to confirm his disability was  the  direct  result
of armed conflict, hazardous service, instrumentality of war, or  simulating
war.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD provides  a  review  of  the  applicant’s
medical records and notes he did sustain an injury falling from a  truck  on
21 October 1943.  However, there is no  evidence  to  indicate  the  vehicle
involved is approvable under the CRSC  "instrumentality  of  war"  criteria.
The affidavit provided by the applicant cites  a  "baggage  truck"  and  the
medical documents simply mention a fall from a "truck".   Additionally,  the
scenario provided reflects no other possible combat-related events  such  as
"jumping off the truck due to an incoming rocket attack."  In order for  the
disability to be eligible for compensation under  the  CRSC,  the  condition
must  meet   the   rigorous   standards   established   for   combat-related
disabilities and not merely have a service connection.  While his  condition
meets the DVA requirements for service-connected compensation, the  evidence
does not support additional compensation under CRSC.  Incidentally,  if  the
DVA were to change the medical document to  reflect  "thrown  from  US  army
weapons carrier when driver braked suddenly" his condition would  still  not
be eligible for CRSC.  The vehicle was being  used  to  transport  personnel
and baggage at the time; it was not being used  for  its  intended  military
purpose as a weapons carrier. DPPD states this 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:

The applicant responded stating he feels there is a sense  of  bias  in  the
semantics used in the denial of his application.  He states his  knee  joint
was replaced by a civilian orthopedic  surgeon.   The  decision  to  operate
focused on a lifetime of pain, frequent  immobility  and  needing  shots  of
cortisone to ease the discomfort.  In addition, he states a weapons  carrier
is defined as a general-purpose truck, or ambulance or command car.   Moving
personnel, along with supplies and equipment was a  prime  consideration  in
the design of the vehicle.   All  were  considered  to  be  military  combat
vehicles.  The illustration of the weapons  carrier  submitted  was  not  to
identify the type of vehicle from which he was thrown; he emphasized he  did
not fall.  The vehicle that caused his injuries was a weapons carrier  being
used for its intended purpose, (moving personnel and equipment  to  complete
a combat related mission).  In addition, the  applicant  contacted  Aberdeen
Proving Grounds Museum and they did not have a field  manual  on  the  WC51.
Fort Carson and Peterson Field transportation offices  confirmed  a  weapons
carrier is considered  a  truck.   He  asked  who  authored  the  definition
instrumentality of war, he cannot find any source.  The  applicant  provided
additional information on the B-26 Marauder Medium  Bomber,  the  WC-51  and
medical documentation.

His 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.  The applicant is  requesting  his  medical
records be corrected to reflect  that  his  right  knee  condition  was  the
result of a combat-related factor.  Based upon a  review  of  the  available
evidence of record and the documentation provided in support of his  appeal,
we  do  not  find  evidence  that  justifies  insertion  of  the   requested
statement.  Therefore, approval of  that  portion  of  his  request  is  not
warranted.  In addition, the available evidence of record does  not  support
a  finding  that  the  service-connected  medical  condition  the  applicant
believes is combat-related was  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 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 2 November 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-
2007-00904 was considered:

    Exhibit A.  DD Form 149, dated 21 March 2007, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 3 July 2007.
    Exhibit D.  Letter, SAF/MRBR, dated 13 July 2007.
    Exhibit E.  Letter, Applicant, dated 5 August 2007, w/atchs.




                                   THOMAS S. MARKIEWICZ
                                   Chair