RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00050
		INDEX CODE:  108.07
		COUNSEL:  NONE

		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  10 Jul 0`

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APPLICANT REQUESTS THAT:

His service-connected medical conditions be assessed as combat-related in order to qualify for compensation under the Combat-Related Special Compensation (CRSC) Act.

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APPLICANT CONTENDS THAT:

His service-connected medical conditions were incurred during a time frame that was in support of war or armed actions.

His complete submission is at Exhibit A.
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STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force on 18 August 1963.  He was progressively promoted to the grade of master sergeant, having assumed that grade effective and with a date of rank of 1 November 1977.  He served in Southeast Asia from 15 August 1964 through 19 October 1964, and from 25 January 1965 to 6 March 1965.  He voluntarily retired from the Air Force on 1 May 1984, having served 20 years, 8 months, and 13 days on active duty.

Current Department of Veterans Affairs (DVA) records reflect a combined compensable rating of 60% for his unfitting conditions.  

His CRSC application was disapproved on 13 November 2003, since his service-connected medical conditions were determined not to be combat-related.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial and states, in part, that the fact a member may have incurred a medical condition during a period of war, or while participating in combat operation/training exercises is not sufficient evidence to support a combat-related determination.  Applicant’s records fail to show a combat-related connection.

The AFPC/DPPD evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 2 April 2004 for review and comment within 30 days.  As of this date, this office has received no response.

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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.  After a thorough review of the available evidence of record, it is our opinion that the service-connected medical conditions the applicant believes are combat-related were not 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.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered AFBCMR Docket Number BC-2004-00050 in Executive Session on 6 April 2005, under the provisions of AFI 36-2603:
The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 12 Dec 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 18 Mar 04.
    Exhibit D.  Letter, SAF/MRBR, dated 2 Apr 04.

                                   Chair