RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00389
		INDEX CODE:  108.07
		COUNSEL: 

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His service-connected medical conditions, traumatic arthritis and back strain, 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:

Applicant makes no contentions.

In support of his request applicant provided documentation associated with his application for CRSC compensation and a payment voucher.  His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant served in the United States Navy from 7 Aug 52 through 6 Aug 56.  He contracted his initial enlistment in the Regular Air Force on 12 Sep 56.  He was progressively promoted to the grade of master sergeant, having assumed that grade effective and with a date of rank of 1 May 73.  He voluntarily retired from the Air Force on 30 Sep 78.  He served 26 years and 19 days on active duty.

His CRSC application was disapproved on 7 Jun 04 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 a review of his service and DVA medical records show that his traumatic arthritis and back strain are not combat related.  He stated in his original application that he injured his knee while running for a bunker during a VC attack.  There is no corroborating documentation of the incident or any injuries suffered in that incident included in any of the documents received.  He injured his left knee on 31 May 62 while playing softball.  He stated he injured his back while loading patients.  Lifting or loading, the direct cause of his back strain, is not considered to be combat related.  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 and counsel on 25 Jun 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.

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.

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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-2004-00389 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, not dated, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 18 Jun 04.
    Exhibit D.  Letter, SAF/MRBR, dated 25 Jun 04.

                                   Chair