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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