RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01008
		INDEX CODE:  108.07
		COUNSEL:  NONE
		HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  30 SEP 05

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APPLICANT REQUESTS THAT:

His service-connected medical condition, knee 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:

He initially injured his knee in 1963 during training for combat preparedness at Officer Training School (OTS).  While serving in Vietnam he reinjured his knee in 1964.  While escorting small arms ammo, sniper fire forced him to evacuate the truck in a hurry and he reinjured his knee in the process.

In support of his request, applicant provided documentation associated with his CRSC application and documents extracted from his medical records.  His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant's military service records are not available.  Therefore, his service data cannot be verified.  Data extracted from the personnel data system reflects that he retired from the Air Force on 31 May 83, in the grade of major, after serving 20 years and 24 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 2 Mar 04 based upon the fact that his service-connected medical conditions were determined not to be combat-related.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states his service and DVA medical records show his knee condition is not combat related.  His first knee injury occurred on the confidence course during OTS.  A confidence course can only be considered combat related if the training involves specific combat skills such as hand-to-hand combat training and/or escape and evasion training.  Routine physical training and confidence obstacle courses do not qualify for CRSC.  There is no corroborating documentation of the incident in Vietnam that he described in his application.

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 25 Jun 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 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.

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 issue 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-2004-01008 in Executive Session on 25 Apr 05, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 23 Mar 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.