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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