RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00763
		INDEX CODE:  108.07
		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His service-connected medical conditions, left and right knee prosthesis and spinal disc condition, 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 right knee was injured during combat survival training in 1959.  He was out in the field during the training and no clinic or medical treatment was available without returning to the base.  He elected to continue the program although his knee was swollen and painful.  Subsequent pilot examinations revealed his knee problems.  

Some of his medical records are missing because of the fire at the National Personnel Records Center in 1973.  There are at least two errors noted on his medical exam forms.  Some of the forms reflect "patient reports no complications".  Being concerned of the possibility of not being cleared for flight duty, he often minimized seeking medical treatment for the knee and back problems.

In support of his request, applicant provided a personal statement and documents extracted from his medical records.  His complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

Applicant was appointed a second lieutenant, Reserve of the Air Force on 14 Jun 54.  He was progressively promoted to the grade of lieutenant colonel.  His name was placed on the Retired Reserve Listing on 11 Dec 76, awaiting retired pay at age 60.  He has accumulated 22 years and 1 day of satisfactory Federal service. 

Current Department of Veterans Affairs (DVA) records reflect a combined compensable rating of 70% for his unfitting conditions.  

His CRSC application was disapproved on 17 Feb 04 based upon the fact that his service-connected medical condition was determined not to be combat-related.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states his knee conditions and spinal disc condition are not combat related.  A review of his medical record shows his right knee problem is the result of a football injury at age 16 and again in 1962 (cause unknown).  There is no documentation supporting his account for his injury during combat survival training in 1959.  CRSC determinations can only be made from documented information in the records as distinguished from personal opinion or accounts.  His spinal disc condition has been determined by the DVA to be secondary to his right knee condition.  Documents dated in 1957 show he complained of low back pain while inactive and when exercising in the morning.  He indicated his participating in sports might be contributing to his back discomfort.  

The DPPD evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states his physical examinations prior to his 1959 injury all reflect full recovery with no complications from the high school knee problem.  The injury sustained during survival training in 1959 was substantial.  After 1959, many of the medical reports in his records show that the right knee problems were evident and the episodes of pain and swelling would occur more frequently.  Survival training is duty performed under conditions simulating war.  His doctors have stated that limping and posture changes forced by knee problems puts extra strain on other joint areas.  

His complete response 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 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-2004-00763 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 18 Jun 04.
    Exhibit D.  Letter, SAF/MRBR, dated 25 Jun 04.
    Exhibit E.  Letter, Applicant, dated 4 Jul 04.