RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00131
		INDEX CODE:  108.07
		COUNSEL:  NONE
		HEARING DESIRED:  Not Indicated

Mandatory Case Completion Date:  17 Jul 05

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APPLICANT REQUESTS THAT:

His service-connected medical condition, Achilles tendonitis, 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 injury is the direct result of years of combat related training and real world deployments in high-risk operations.  His duties performed as a pararescueman were hazardous and combat related.  During a SAREX in Hong Kong in 1986 he sprained his ankle carrying a casualty off a mountain down a narrow trail in the dark.  The injury was further aggravated conducting closed circuit dive operations.  He received injuries to both ankles following a fast rope insertion when several Navy Seals became detached and landed on him as he reached the ground.  He was subsequently treated for tendonitis and inflammation following a long run to a helicopter extraction point.  A Navy physician treated him for his injury.  In 1990 he dislocated his ankle practicing the fireman's carry during down-man drills after physical training.  The doctor documented it as a football injury, which he was not aware of until after his retirement.  He was seen by a physician for tendonitis caused by running on hard pavement with full equipment during runway clearing operations following airfield seizure operations involving a static-line parachute insertion from 1,000 feet.  He sprained his ankle during a real world deployment to Peru.  He stepped in a hole carrying a casualty on his back during a combat search and rescue operation.  He was treated for Achilles tendonitis from running following live fire combat rescue training with the Army Rangers while deployed to Guantanomo Bay, Cuba.  He was treated for bilateral tendonitis following several days of high angle/hazardous terrain and helicopter rescue training in 1997.  

In support of his request, applicant provided a personal statement, documentation extracted from his Department of Veterans Affairs (DVA) and military medical records; and a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty.  His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force on 27 May 80.  He was progressively promoted to the grade of master sergeant, having assumed that grade effective and with a date of rank of 1 Apr 98.  He served as a Pararescueman and as a Security Forces Specialist.  He voluntary retired from the Air Force on 31 May 01, having served 21 years and 4 days on active duty.

Current DVA records reflect a compensable rating of 10% for his unfitting condition.  

His CRSC application was disapproved on 10 Dec 03 due to lack of medical evidence to support his claim.  However, on 11 May 04, his request for CRSC was granted for his spinal disc condition rated at 40%, tinnitus rated at 10%, and for his impaired hearing although it is currently rated at 0%.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states although he claims his ankle injuries were from training exercises, a review of his records found his major injuries occurred while playing football and basketball.  The 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 14 May 04 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 condition the applicant believes is combat-related was 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, 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.

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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-2004-00131 in Executive Session on 6 Apr 05, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 8 Jan 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 10 May 04, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 14 May 04.

                                   
                                   Chair