RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01776
		INDEX CODE:  108.07
		COUNSEL:  NONE
		HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  7 Dec 05

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APPLICANT REQUESTS THAT:

His service-connected medical condition, rheumatoid arthritis, 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 disability is the result of participating in war games/practice alerts in 1978 while stationed in Ankara, Turkey.

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

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STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force on 14 Feb 55.  He was progressively promoted to the grade of senior master sergeant, having assumed that grade effective and with a date of rank of 1 Apr 76.  He served as a Medical Administration Specialist.  He voluntary retired from the Air Force on 28 Feb 83, having served 28 years and 15 days on active duty.

His CRSC application was disapproved on 4 Nov 93 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/DPPD recommends denial.  DPPD states a review of his service and DVA medical records show his rheumatiod arthritis is not combat related.  There is no medical documentation from while in service or in his DVA ratings decisions that specifically state his medical condition was the direct result of the incidents he described.  His service medical record dated 24 Feb 78, states specifically that his history of arthritis is of unknown etiology 

The DPPD evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that the Turkish physician who he first saw after the onset of his condition stated he did not know the cause of his condition.  A short time later he was sent to a regional hospital in Adana Turkey and military physicians, after a series of tests diagnosed rheumatic fever and rheumatic arthritis.  The entries in his medical records did not state his condition was caused by participating in war games/practice alerts.  Not approving his application because the physicians did not make medical record entries would be a gross miscarriage of justice.  

His complete response is at Exhibit E.

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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 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.

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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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-2004-01776 in Executive Session on 11 Jul 05, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 26 May 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 1 Oct 04.
    Exhibit D.  Letter, SAF/MRBR, dated 13 Feb 04.
    Exhibit E.  Letter, Applicant, dated 8 Oct 04.