RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00761
		INDEX CODE:  108.07
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His service-connected medical condition, traumatic arthritis, 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 occurred a crew entry chute came down across both knees as he was entering an aircraft.  He went to the hospital and after x-rays were taken he was told his knees were bruised, the right knee more than the left knee.  He was told that over a period of time the left knee would give him some problems that would later require care.  During the course of time his medical records were altered.  While making copies of the reports someone overlapped them with another form.  He was not aware of the error until he received copies of his records from the Department of Veterans Affairs (DVA).  

In support of his request, applicant provided a personal statement and documentation extracted from his DVA and military medical records.  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 14 Nov 55.  He was progressively promoted to the grade of technical sergeant, having assumed that grade effective and with a date of rank of 1 Sep 72.  He served as a Communications Center Specialist and an Airborne Crypto Technician.  He voluntary retired from the Air Force on 31 May 77, having served 21 years, 6 months, and 17 days on active duty.

Current Department of Veterans Affairs (DVA) records reflect a compensable rating of 10% for his unfitting condition.  

His CRSC application was disapproved on 11 Feb 04 based upon the fact that documentation provided failed to show his service-connected medical condition was the result of hazardous service or conditions simulating war.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states his records show his traumatic arthritis is not combat related.  Unfortunately there is no corroborating documentation of the incident in which he states "the crew entry chute came down across both knees as we were entering the aircraft".  Injuries sustained from a military device, where the injury was not caused by the device itself is not considered to be eligible for CRSC. 

The DPPD evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In response to the Air Force evaluation, applicant provided additional documents extracted from his medical records.  His complete submission is at Exhibit E.

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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-2004-00761 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 27 Feb 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 17 Jun 04.
    Exhibit D.  Letter, SAF/MRBR, dated 25 Jun 04.
    Exhibit E.  Medical Record Excerpts.