RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00581
		INDEX CODE:  108.07
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His service-connected medical conditions, right knee, skeletal conditions, and anxiety disorder, 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:

An 80mm anti-aircraft shell exploded four feet from his position as a B-17 Navigator.  He was blown unconscious injuring his back and knee.  His anxiety disorder is the result of flying 50 missions over Europe in 1943.  He was wounded on his second mission.  He was shot down three times, landing once and cross landing twice. 

In support of his request, applicant provided documentation extracted from his medical records, his CRSC denial letter, and orders awarding him the Purple Heart medal.  His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the U.S. Army on 16 Jan 42.  He was discharged on 12 Jun 42 in order to accept a commission.  He was appointed a second lieutenant, Air Reserves, on 13 Jun 42.  He voluntarily retired on 31 Oct 64, having served 22 years, 9 months, and 15 days on active duty.

His CRSC application was disapproved on 13 Feb 04 due to insufficient documentation to support approval of his application.  

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states his medical records show his right knee condition is the result of a softball injury.  Although his records show treatment for back problems, periods of anxiety during the period 1955-1959, along with heart trouble, which was described as a split beat, there is no evidence these injuries were the direct result of events which earned him a Purple Heart, caused during an armed conflict, or received from an instrumentality of war.  He was wounded in the left hand and shoulder while participating in an aerial bombardment mission in North Africa.  While there is little doubt his service-connected conditions occurred while performing his military duty, documentation within the records failed to show traumatic events or occurrences which corroborate a combat related connection.  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 21 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 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-2004-00581 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 2o Feb 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 14 May 04.
    Exhibit D.  Letter, SAF/MRBR, dated 21 May 04.