RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-00179
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
______________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, right knee instability and right
knee degenerative joint disease be reevaluated as combat-related in order
to qualify for compensation under the Combat Related Special Compensation
(CRSC) Act.
______________________________________________________________
APPLICANT CONTENDS THAT:
He is currently receiving disability from the Department of Veterans
Affairs for his service connected right knee impairment and limited
extension of his right knee.
In support of his request, he provided documentation associated with his
CRSC application.
Applicant’s complete submission, with attachments, is at Exhibit A.
______________________________________________________________
STATEMENT OF FACTS:
On 1 Nov 05, the applicant was relieved from his assignment and placed on
the retired reserve list in the grade of chief master sergeant.
He submitted an application for CRSC for impaired hearing, post-traumatic
stress disorder (PTSD), knee condition (right), limited extension of knee
(Right), and eczema. On 6 Dec 07, his application was partially approved
for impaired hearing and PTSD. However, his application contained no
evidence to substantiate his disapproved conditions were the direct results
of armed conflict, hazardous service, instrumentality of war, or simulating
war. He simultaneously submitted an appeal to AFPC/DPSD and the Air Force
Board for Correction of Military Records (AFBCMR). On 11 Mar 08, AFPC/DPSD
disapproved his appeal due to lack of any evidence of any combat-related
event that caused any knee injuries.
______________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSD recommends denial. DPSD states the applicant's medical condition
does not the meet the mandatory criteria for compensation under the CRSC
program. He initially claimed his knee disabilities were caused by getting
into difficult positions prior to flight and long flights seated in the
same position. Although, his knee disabilities are documented in his
service medical records, there is no evidence of a combat-related cause. No
evidence was located to substantiate his medical condition was a direct
result of a combat-related event.
APFC/DPSD's complete evaluation, with attachments, is at Exhibit C.
______________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 28 Mar
08 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 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-2008-
00179 in Executive Session on 19 Aug 08, 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 26 Dec 07, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSD, dated 11 Mar 08, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 28 Mar 08.
THOMAS S. MARKIEWICZ
Chair
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