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AF | BCMR | CY2008 | BC-2007-01029
Original file (BC-2007-01029.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-01029
            INDEX CODE:  145.00
      XXXXXXX    COUNSEL:  NONE
            HEARING DESIRED: NOT INDICATED

_________________________________________________________________

APPLICANT REQUESTS THAT:

His  service-connected  medical  conditions,  duodenal  ulcer,  tendon
inflammation and degenerative arthritis be assessed as  combat-related
in order to qualify for compensation under the Combat Related  Special
Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Applicant provides no contentions.

In support of his request, the applicant provides a copy of  his  CRSC
application with associated documents and excerpts  from  his  service
medical record.  His complete  submission,  with  attachments,  is  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 31 May 75, the applicant retired from the Air Force in the grade of
staff sergeant, after serving 20 years and 25 days on active duty.

On 26 Sep 06, his  initial  application  for  CRSC  consideration  was
denied  for  duodenal  ulcer  as  non-combat   related,   and   tendon
inflammation  and  degenerative   arthritis   were   disapproved   for
insufficient documentation.

Available documentation reflects the  VA  rated  the  duodenal  ulcer,
tendon inflammation, and degenerative arthritis at 10% each.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPD recommends denial.  DPPD states his application  gave  no
explanation for the cause of his  disabilities.   Additionally,  there
was no evidence provided to  confirm  his  conditions  were  a  direct
result of combat-related events.  In order to make a determination  on
his condition the CRSC board ordered all his Rating Decision letter(s)
and service medical records from the Department of  Veteran’s  Affairs
(DVA); however, after several attempts, no evidence has been obtained.
 Due  to  the  lack  of  evidence,  the  board  disapproved  his  CRSC
application.  His conditions do not meet the  mandatory  criteria  for
compensation under the CRSC program as outlined under  the  provisions
of Title 10, United States Code (U.S.C.), Chapter 71, Section 1413a.

The complete DPPD evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 3
Aug 07 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 not  timely  filed;  however,  it  is  in  the
interest of justice to excuse the failure to timely file.

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 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 AFBCMR Docket Number BC-
2007-01029 in Executive Session on 12 May 2008, under  the  provisions
of AFI 36-2603:

                       Mr. Thomas S. Markiewicz, Chair
                       Mr. Michael V. Barbino, Member
                       Mr. James W. Russell III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 28 Mar 07, w/atchs.
    Exhibit B.  Letter, AFPC/DPPD, dated 19 Jul 07.
    Exhibit C.  Letter, SAF/MRBR, dated 3 Aug 07.




                                   THOMAS S. MARKIEWICZ
                                   Panel Chair

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