RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00495
		INDEX CODE:  108.07
		COUNSEL:  NONE

		HEARING DESIRED:  Not Indicated

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APPLICANT REQUESTS THAT:

His service-connected medical conditions, degenerative arthritis and shoulder prosthesis, 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 disability was incurred in combat while assigned to the 1st Rifle Platoon, "A" Company, 164th Infantry Regiment.  His disabilities qualify as hazardous service/instrumentality of war.  If he had not served he would have not had to have his shoulder replaced.

In support of his request applicant provided a copy of his Enlisted Record and Report of Separation and his CRSC denial letter.  His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant served in the United States Army from 27 May 43 through 29 Nov 45.  He contracted his initial enlistment in the Regular Air Force on 3 May 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 Apr 67.  He voluntarily retired from the Air Force on 31 Aug 74.  He served 27 years, 10 months, and 1 day on active duty.

Current Department of Veterans Affairs (DVA) records reflect a combined compensable disability rating of 80% for his unfitting conditions.  

His CRSC application was disapproved based upon the fact that his re cords failed to show a traumatic event or occurrence, which corroborates a combat-related incident as defined by Public Law 107-314.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states his records reflect little doubt his service-connected disabilities occurred while performing his job related responsibilities pertinent to his Air Force Specialty in the Medical Career Field.  On 18 May 62, he complained of shoulder pain when sleeping in the field with no further clarification on what actually caused the pain.  On 4 Mar 63, he injured his right shoulder by falling.  His medical conditions are the result of his particular physical makeup, not a combat related event.   

The DPPD evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states his degenerative arthritis started during the years 1943 through 1945, not because he was assigned to the Infantry Regiment, but because he was in a rifle company and in direct combat with the enemy.  During his military career he never fell down and hurt his right shoulder, nor did her ever make that statement.  

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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-2004-00495 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 12 Jan 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 7 Jun 04.
    Exhibit D.  Letter, SAF/MRBR, dated 11 Jun 04.
    Exhibit E.  Letter, Applicant, dated 22 Jun 04.
    Exhibit F.  Letter, SAF/MRBC, dated 14 Dec 04.

                                   Chair