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AF | BCMR | CY2007 | BC-2007-01385
Original file (BC-2007-01385.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-01385
            INDEX CODE:  108.07
      XXXXXXXXXXX      COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His  service-connected  medical   condition,   traumatic   arthritis   (left
shoulder),  be  assessed  as  combat-related  in  order   to   qualify   for
compensation under the Combat Related Special Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He dislocated his left shoulder while inspecting  an  aircraft  intake.   He
was taken to the base hospital where he  was  examined  and  released.   His
shoulder continued to dislocate until it was repaired by surgery.

In support of his request,  applicant  provides  a  personal  statement  and
excerpts from his military personnel and medical records.

The applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 1 Oct 77, applicant retired from the Air Force in  the  grade  of  master
sergeant, after serving 20 years, 1 month, and 26 days on active duty.

Available Department of Veterans Affairs (DVA) records  reflect  a  combined
compensable rating of 40% for his service-connected conditions.

His CRSC application was partially approved on 8 March  2007,  for  impaired
hearing and tinnitus.   His  request  for  compensation  for  his  traumatic
arthritis  (right  knee)  and  traumatic  arthritis  (left  shoulder)   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.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD  states  that  although  the  applicant’s
condition has been deemed service-connected by the DVA,  their  standard  is
to  grant  service  connection  for  injuries  or  diseases  manifested  (or
residuals  of  these  injuries  were  treated)  while  in  service  and,  if
necessary, resolve doubt in the interest of the veteran.  DPPD advises  that
the applicant’s service medical records confirm he dislocated  his  shoulder
while inspecting an aircraft intake.  However, by itself,  routine  aircraft
maintenance is a normal day to day activity and is  not  considered  combat-
related.  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 3  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.  After a thorough review of  the  available
evidence of record, it is our opinion  that  the  service-connected  medical
condition the applicant believes is combat-related was 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, 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  Docket  Number  BC-2007-01385
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 Blomgren, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2007-
01385 was considered:

    Exhibit A.  DD Form 149, dated 23 April 2007, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 5 June 2007.
    Exhibit D.  Letter, SAF/MRBR, dated 3 July 2007.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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