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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