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AF | BCMR | CY2008 | BC-2007-03567
Original file (BC-2007-03567.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-03567
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical conditions, limitation of flexion,  left  knee
and limitation of extension, left knee, be  assessed  as  combat-related  in
order  to  qualify  for  compensation  under  the  Combat  Related   Special
Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His injuries were incurred from  Prisoner  of  War  (POW)  training.   While
being interrogated, he was struck both above  and  below  the  knee  with  a
club.

In support of his request, the applicant provided  documentation  associated
with his CRSC application.


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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant entered active duty in the Regular Air  Force  on  27 April  1949.
He was progressively promoted to the grade  of  technical  sergeant,  having
assumed that permanent grade effective and with a date of  rank  of  1  June
1968.  He served as an Aircraft Maintenance  Technician.   He  was  relieved
from active duty on 29 February  1972  and  retired  1  March  1972,  having
served 22 years and 16 days on active duty.

Available Department of Veterans Affairs (DVA) records  reflect  a  combined
compensable rating of 20% for his unfitting conditions.

His CRSC application was partially approved on 15  June  2004  for  diabetes
mellitus.  However, his limited flexion  of  the  left  knee,  and  loss  of
motion of long finger, left hand, were disapproved based upon the fact  that
his service-connected medical conditions were determined not to  be  combat-
related.

He subsequently submitted another CRSC application and  it  was  disapproved
on 19 June 2007 based upon  the  fact  that  his  service-connected  medical
conditions were determined not to be combat-related.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSD  recommends  denial.   DPSD  states  the  fact  that  he  incurred
disabilities during training is not sufficient to support  a  combat-related
determination without a direct relationship between the combat training  and
the injuries  themselves.   These  conditions  do  not  meet  the  mandatory
criteria for compensation under the CRSC program.

AFPC/DPSD’s complete  evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 29 February 2008, the evaluation  was  forwarded  to  the  applicant  for
review and comment within 30 days  (Exhibit  D).   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.  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-
03567 in Executive Session on 12 May 2008, under the provisions of  AFI  36-
2603:

      Mr. Thomas S. Markiewicz, Chair
      Mr. Alan A. Blomgren, Member
      Mr. James W. Russell III, Member

The following documentary evidence was considered:

  Exhibit A.  DD Form 149, dated 22 October 2007, w/atchs.
  Exhibit B.  Applicant's Master Personnel Records.
  Exhibit C.  Letter, AFPC/DPSD, dated 6 February 2008, w/atchs.
  Exhibit D.  Letter, SAF/MRBR, dated 29 February 2008.





                                   THOMAS S. MARKIEWICZ
                                   Chair




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