RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01638
		INDEX CODE:  108.07
		COUNSEL:  NONE
		HEARING DESIRED:  Not Indicated

MANDATORY CASE COMPLETION DATE:  24 Nov 05

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APPLICANT REQUESTS THAT:

1.  He be awarded the Purple Heart Medal.

2.  His service-connected medical conditions, sugar diabetes and neck 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:

He received a small piece of shrapnel in the right side of his neck when he was in Guadacanal.  It remained in his neck until it was later removed while he was in the Philippines.  He was told that he would receive the Purple Heart.  This occurred in the latter part of 1943 or early 1944.  While he was stationed in North Africa he was diagnosed as having dysentery and sugar diabetes and was placed on diet control and eventually placed on medication.  

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

Applicant served in the Regular Army from 16 Apr 42 through 28 Oct 50.  He contracted his initial enlistment in the Regular Air Force on 29 Oct 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 Mar 61.  He voluntary retired from the Air Force on 27 Nov 63, having served 20 years, 4 months, and 16 days on active duty.

Current Department of Veterans Affairs (DVA) records reflect a combined compensable rating of 80% for his unfitting conditions.  

His CRSC application was disapproved on 27 Apr 04 and again on 25 May 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/DPPPR recommends denial of his request for award of the Purple Heart.  DPPPR states there is no evidence in his medical records to prove that he was injured and he did not provide any supporting documentation.  A thorough search of his military personnel record provided no evidence to verify his entitlement to the Purple Heart. 

The DPPPR evaluation is at Exhibit C 

AFPC/DPPD recommends denial of his request for CRSC compensation.  DPPD states a review of his service and DVA medical records show his sugar diabetes and neck injury are not combat related.  He has claimed disabilities that have not yet been rated by the DVA.  CRSC cannot be approved for a disability the DVA has not recognized as service connected.

The DPPDC evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 1 Jul 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.  With respect to his request for award of the PH, evidence has not been presented which would lead us to believe corrective action is warranted.  Other than his own assertions, we see no evidence that he was medically treated for wounds incurred as a direct result of enemy fire.  Accordingly, we agree with the opinions and recommendations of the Air Force offices of primary responsibility and adopt their 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-2004-01638 in Executive Session on 1 Jun 05, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 May 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 1 Jul 04.
    Exhibit D.  Letter, AFPC/DPPDC, dated 9 Jul 04.
    Exhibit E.  Letter, SAF/MRBR, dated 16 Jul 04.