RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01380
		INDEX CODE:  108.07
		COUNSEL:  NONE
		HEARING DESIRED:  Not Indicated

MANDATORY CASE COMPLETION DATE:  2 Nov 05

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APPLICANT REQUESTS THAT:

His service-connected medical conditions, degenerative arthritis, limited motion in cervical spine, knee condition, flat foot condition, inguinal hernia, and impaired hearing, 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 injuries were incurred while supporting a war.  While assigned in Japan in 1953 as a Fuels specialist, he served in support of F-84s and F-86s out of Korea.  

In support of his request, applicant provided documentation associated with his CRSC application and a Letter of Appreciation.  His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant served in the Army from 13 Nov 47 through 12 Nov 50.  He contracted his initial enlistment in the Regular Air Force on 13 Nov 50.  He was progressively promoted to the grade of senior master sergeant, having assumed that grade effective and with a date of rank of 1 Oct 73.  He served as a Fuels Specialist and a First Sergeant.  He voluntarily retired from the Air Force on 31 Aug 75, having served 27 years, 9 months, and 18 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 1 Apr 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 a review of his service and DVA medical records show his service-connected conditions are not combat related.  Being in support of a war effort is not considered to be a combat related activity.  His conditions do not meet the mandatory criteria for compensation under the CRSC program.  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 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-2004-01380 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 22 Apr 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 22 Jun 04.
    Exhibit D.  Letter, SAF/MRBR, dated 25 Jun 04.