RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01667
		INDEX CODE:  108.07
		COUNSEL:  NONE
		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  25 Nov 05

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APPLICANT REQUESTS THAT:

1.   His DD Form 214 be corrected by adding the Purple Heart Medal.

2.  His service-connected medical conditions, loss of both feet, dermatophytosis, and back strain, 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 has a Purple Heart and should be entitled to CRSC.  His loss of both feet are due to frozen feet in Korea and his dermatophytosis is due to the frozen feet.  His back strain is due to shrapnel wounds sustained in combat in Korea.  

In support of his request, applicant provided a personal statement, a document extracted from his Department of Veterans' Affairs (DVA) medical records, his DD Form 214, and a Statement of Military Awards and Data.  His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant was inducted into the Army of the United States on 26 Oct 50.  He was released from active duty on 31 Jul 52 and transferred to the Army Reserves.  On 25 Sep 52, he contracted his initial enlistment in the Regular Air Force.  He was progressively promoted to the grade of staff sergeant, having assumed that grade effective and with a date of rank of 1 Jun 61.  He voluntary retired from the Air Force on 31 Oct 71, having served 20 years, 11 months, and 7 days on active duty.

Applicant's DD Form 214, issued for the period of service from 26 Oct 50 through 31 Jul 52, reflects that he was awarded the Purple Heart for injuries to his right shoulder received in October 1951.

Available DVA records reflect a combined compensable rating of 100% for his unfitting conditions.  

His CRSC application was disapproved on 28 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.  His records do not show, while in service, a combat-related event or events that were the direct cause of his disabilities.  DVA files show his loss of both feet were the result of a stroke.  He started having athlete's feet in May 1950.  His records do not state his dermatophytosis is a result of frozen feet in Korea.  Evidence in the DVA files states "Scar suffered in a SFW of the right shoulder in 1951, causing clinically no impairment of function as such."  This clearly states there is no direct cause between his Purple Heart injury to his right shoulder and his back strain.

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 16 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.  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.  Furthermore, since the applicant's DD Form 214, issued for his period of service from 26 Oct 50 through 31 Jul 52, reflects that he was awarded the Purple Heart, action on that portion of his request is not warranted.  Accordingly, 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-2004-01667 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 18 May 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 9 Jul 04.
    Exhibit D.  Letter, SAF/MRBR, dated 16 Jul 04.