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AF | BCMR | CY2008 | BC-2008-00544
Original file (BC-2008-00544.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-00544
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical condition, superficial scars (right  leg),  be
assessed as combat-related in order to qualify for  compensation  under  the
Combat Related Special Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The injury to his right leg was caused by the negligence  of  an  Air  Force
member and the Korean War.  The member removed a jeep  that  was  dead  line
for no brakes and operated the jeep during  an  Air  Raid  Alert  where  the
entire compound was blacked out.  As a result,  the  member  was  unable  to
stop after he descended the hill, leading to the main gate.  His failure  to
stop caused the bumper of the jeep to strike and wound his right leg.

In support of his request, the applicant provided a personal  statement  and
documentation associated with his CRSC application.

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

_________________________________________________________________

STATEMENT OF FACTS:

After serving 21 years and 5 months on active duty,  the  applicant  retired
from the Air Force on 1 April 1971 in the grade of  senior  master  sergeant
having assumed that grade effective and with a date of rank  of  1  December
1969.  He served as an Electronic Intercept Superintendant.

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

His CRSC application was partially  approved  for  impaired  hearing  on  26
December 2007.  The remaining request was disapproved based  upon  the  fact
that his service-connected  medical  condition  was  determined  not  to  be
combat-related.

_________________________________________________________________
AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states the  applicant’s  service  medical
records indicate he was treated for a right leg laceration in 1952  from  an
auto accident.  There was no definitive  evidence  that  the  applicant  was
struck by a jeep during an exercise.  Without documentation clearly  showing
the incident he described, DPPD cannot approve  his  claim  for  superficial
scars.

The complete DPPD evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and states  his  leg  injury  occurred
during an air raid where the entire compound was on alert and  blacked  out.
The lack of  light  resulting  from  the  blackout  was  the  cause  of  the
accident.  The blackout was ordered because enemy aircraft were  threatening
the area of his compound.

The applicant’s complete response, with attachment, is at Exhibit E.

_________________________________________________________________

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   condition   the
applicant believes is combat-related was 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, does 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-
00544 in Executive Session on 19 August 2008, 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 1 February 2008, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 16 May 2008, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 23 May 2008.
    Exhibit E.  Letter, Applicant, dated 9 June 2008, w/atch.





                                   THOMAS S. MARKIEWICZ
                                   Chair

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