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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