RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00969
		INDEX CODE:  108.07
		COUNSEL:  NONE
XXXXXXX
		HEARING DESIRED:  YES
XXXXXXX

MANDATORY CASE COMPLETION DATE:  26 Sep 05

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APPLICANT REQUESTS THAT:

His service-connected medical conditions, diabetes and foot injury, 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:

During a combat patrol in South Vietnam in 1966, he injured his foot for which he was awarded the Purple Heart (PH).  In addition, he was diagnosed with diabetes in early 1990.

His complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

Applicant served in the U.S. Marine Corps from 3 December 1962 to 2 December 1966 as an anti-tank assault man.  He was commissioned a second lieutenant in the Air Force Reserve on 12 January 1972, and entered active duty.  He was progressively promoted to the grade of colonel.  He voluntarily retired from the Air Force on 1 June 1998, having served 30 years, 7 months, and 23 days on active duty.

Current Department of Veterans Affairs (DVA) records reflect a combined compensable rating of 60% for his unfitting conditions.  

His CRSC application was disapproved on 5 February 2004, based on the fact that his service-connected medical condition, foot injury, was determined not to be combat-related.  However, on 2 June 2004, his diabetes was approved for 20% CRSC.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial and states, in part, that although his diabetes is combat-related and he received a PH, there must be a definite causal relationship between the PH and the medical conditions.  There is no record of any particular injury to his foot on his discharge physical from the Marine Corps.  

The AFPC/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 10 Jun 2004 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, the majority of the Board opines that the service-connected medical condition, foot injury, 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.  While the applicant is entitled to the Purple Heart, his records do not reflect a causal relationship between the Purple Heart and his foot injury.  The majority of the Board agrees with the opinion and recommendation of the Air Force office of primary responsibility and adopts its rationale as the basis for their conclusion that the applicant has not been the victim of an error or injustice.  In the absence of evidence to the contrary, the majority of the Board finds 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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RECOMMENDATION OF THE BOARD:

The majority of the Board finds insufficient evidence of error or injustice and recommends the application be denied.

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The following members of the Board considered AFBCMR Docket Number BC-2004-00969 in Executive Session on 6 April 2005, under the provisions of AFI 36-2603:

By majority vote, the Board recommended denial of the application.  Mr. XXXX voted to correct the records but does not wish to submit a minority report.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 12 Feb 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 2 Jun 04.
    Exhibit D.  Letter, SAF/MRBR, dated 10 Jun 04.

                                   

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
			  FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:	AFBCMR Application of XXXXXXX

	I have carefully reviewed the evidence of record and the recommendation of the Board members.  The majority of the Board found that applicant had not provided sufficient evidence of error or injustice and recommended the case be denied.  I concur with that finding and their conclusion that relief is not warranted.  Accordingly, I accept their recommendation that the application be denied.

	Please advise the applicant accordingly.