RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-01012
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His residuals of frostbite be reevaluated as combat-related in order to
qualify for compensation under the Combat Related Special Compensation
(CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He developed frostbite while participating in field living conditions in
preparation for an assignment to Germany.
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 17 Dec 80, the applicant contracted his initial enlistment in the
Regular Air Force. He was progressively promoted to the grade of master
sergeant having assumed the grade effective and with a date of rank of 1
Feb 00. He was honorably retired on 1 Nov 02.
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 40% for his unfitting conditions.
The applicant submitted an application for CRSC for traumatic arthritis,
hallux valgus, lumborsacral and cervical strains, hemorrhoids, and
residuals of frostbite. On 30 Oct 07, his claim was disapproved because no
evidence was submitted to substantiate his claim that his conditions were
the direct result of armed conflict, hazardous service, instrumentality of
war, or simulating war. Service connection for his residuals of frostbite
was denied by the Department of Veterans Affairs (DVA).
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states there is no evidence to indicate
his residuals of frostbite was directly caused by armed conflict, hazardous
service, instrumentality of war, or simulating war. His medical condition
does not meet the mandatory criteria for compensation under the CRSC
program.
APFC/DPPD’s complete evaluation, with attachment, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 20 Jun
08, for review and response within 30 days. As of this date, no response
has been received by this office.
_________________________________________________________________
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.
4. The applicant's case is adequately documented and it has not been shown
that a personal appearance with or without counsel will materially add to
our understanding of the issues involved. Therefore, the request for a
hearing is not favorably considered.
_________________________________________________________________
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-
01012 in Executive Session on 19 Aug 08, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Michael V. Barbino, Member
Mr. Alan A. Blomgren, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 Mar 08, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 27 May 08, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 20 Jun 08.
THOMAS S. MARKIEWICZ
Chair
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