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AF | BCMR | CY2007 | BC-2007-01741
Original file (BC-2007-01741.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-01741
            INDEX CODE:  108.07

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  7 DEC 08

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical conditions, residuals  of  foot  injury,  both
feet and traumatic arthritis of  the  right  knee,  be  assessed  as  combat
related in order to  qualify  for  compensation  under  the  Combat  Related
Special Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He desires CRSC for his service-connected medical conditions.

In support of his request, the applicant provided a personal  statement  and
documentation associated with his CRSC application.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force  on  13
November 1974.  He  was  progressively  promoted  to  the  grade  of  master
sergeant, having assumed that grade effective and with a date of rank  of  1
May 1989.  He served as a Pavement  and  Construction  Equipment  Technician
and Safety Craftsman.  On 31 December 1994,  he  was  relieved  from  active
duty and retired from  the  Air  Force  on  1 January  1995,  having  served
20 years, 1 month, and 18 days on active duty.

Available Department of Veterans Affairs (DVA) records  reflect  a  combined
compensable rating of 70% for his unfitting conditions.




His CRSC application was disapproved on 23  February  2007  based  upon  the
fact that his service-connected medical conditions were  determined  not  to
be combat-related.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD  recommends  denial.   DPPD  states  the  applicant  had  repeated
complaints of painful feet and  a  noted  incident  of  right  knee  injury;
however, there is no evidence  to  indicate  his  conditions  were  directly
caused by a combat-related factor.  In order  for  the  disabilities  to  be
eligible for compensation under CRSC, the conditions must meet the  rigorous
standards established for combat-related disabilities and not merely have  a
service connection.  Therefore, there must be documentation that  shows  the
direct combat-related cause of each disability.

The DPPD complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and states his conditions were  caused
by the  performance  of  duty  under  conditions  simulating  war.   He  was
training for wartime missions.

Applicant’s 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 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 an error or injustice; the application was  denied  without
a personal appearance; and 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-
01741 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 was considered:

    Exhibit A.  DD Form 149, dated 29 March 2007, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 17 July 2007.
    Exhibit D.  Letter, SAF/MRBR, dated 27 July 2007.
    Exhibit E.  Letter, Applicant, dated 21 August 2007, w/atchs.





                                   THOMAS S. MARKIEWICZ
                                   Chair



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