RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01969
		INDEX CODE:  108.07
		COUNSEL:  NONE
		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  22 Dec 05

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APPLICANT REQUESTS THAT:

His service-connected medical condition, post-op residuals, left knee, 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:

The post-op residuals left knee injury is a direct result of combat on the Ho Chi Minh Trail in March 1969.

In support of his request, applicant provided documentation associated with his CRSC application an aircraft loss record, and witness statements.  His complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 12 Mar 54.  He was discharged on 14 Jun 55 and commissioned as a second lieutenant, Reserve of the Air Force on 15 Jun 55.  He was progressively promoted to the grade of lieutenant colonel, having assumed that grade effective and with a date of rank of 19 Sep 71.  He served as a pilot.  On 31 May 75, he voluntarily retired for years of service.  He served 21 years, 2 months, and 19 days on active duty

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

His CRSC application was disapproved on 14 May 04 based upon the fact that evidence was not provided to show that his injuries were the direct result of hazardous service or Purple Heart injuries.  After subsequent review of his files and additional documentation, his request for CRSC was approved for intervertebral disc syndrome, rated at 40%; paralysis of anterior crural nerve, right lower extremity, rated at 20%; paralysis of anterior crural nerve, left lower extremity, rated at 20%; and lower leg condition, rated at 10%.  His post-op residuals, right knee, was disapproved.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states a review of his service and DVA medical records show his post-op residuals, left knee, has not been rated by the DVA as service connected.  CRSC cannot be approved for a disability that the DVA has not recognized as service connected.    

The DPPD evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant provided numerous responses to the Air Force evaluation.  In his responses he provided additional witness statements and additional documentation extracted from his medical records.  His complete responses, with attachments, are appended 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 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-2004-01969 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 13 Jun 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 9 Sep 04, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 17 Sep 04.
    Exhibit E.  Letter, Applicant, dated 20 Sep 04, w/atchs.