RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00213
		INDEX CODE:  108.07
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His service-connected medical conditions, loss of use of little finger, traumatic arthritis, cirrhosis of liver, 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 combined disability rating is 100%.  All the requirements for CRSC are not combat-related as indicated by DPPD.

His complete submission is at Exhibit A.

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STATEMENT OF FACTS:

After serving in the Army and the Air Force Reserves, the applicant contracted his initial enlistment in the Regular Air Force on 8 Mar 49.  He was progressively promoted to the grade of senior master sergeant, having assumed that grade effective and with a date of rank of 1 Oct 67.  He voluntary retired from the Air Force on 31 Dec 69, having served 21 years, 6 months and 18 days on active duty.

His CRSC application was disapproved on 16 Dec 03 based upon the fact that his service-connected medical conditions were determined not to be combat-related.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states his back pain was generally due to muscle spasms but no trauma or surgical procedures were involved.  There is no record of any particular back injury that he encountered to consider as combat-related, just repetitive trauma from being a Jet Engine Technician.  End stage liver disease developed after he received a unit of blood during his discectomy surgery in 1982, which required an orthotropic liver transplant.  In December 1956, he sustained a blast injury to the right hand from an explosion, which resulted in an amputation of the little finger of the right hand.  The accident occurred when pressure from a Joy High Pressure Compressor was incorrectly regulated and the air-oil separator regulator exploded in his hand.  This mishap is not considered combat-related.  There is no documentation that his other disabilities of back condition and cirrhosis of the liver are the direct result of armed conflict, hazardous service, or instrumentality of war.  The fact that a member may have incurred a medical condition during a period of war, or while participating in combat/training exercises is not sufficient to support a combat-related determination.  Records must show a definite causal relationship between the armed conflict and the medical conditions.  

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 30 Apr 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 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-2004-00213 in Executive Session on 23 Feb 05, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 Apr 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 9 Apr 04.
    Exhibit D.  Letter, SAF/MRBR, dated 30 Apr 04.

                                   Chair