RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01982
		INDEX CODE:  108.07
		COUNSEL:  NONE
		HEARING DESIRED:  Not Indicated

MANDATORY CASE COMPLETION DATE: 2 Feb 07

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APPLICANT REQUESTS THAT:

His service-connected medical conditions, diabetes mellitus, Meniere's syndrome, degenerative arthritis of the lumbar spine, cervical spine and left knee, inflammation of the iris, traumatic arthritis of the left wrist, hiatal hernia, and malaria, 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 was medically retired for his disabilities.  He was told he was ineligible because he had not waived his military retirement.  He has now waived his retirement.

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's military personnel records cannot be located, therefore his military service cannot be verified.  Data extracted from the personnel data system reflects on 13 Jul 73, he retired from the Air Force in the grade of master sergeant, having served 22 years, 8 months and 18 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 2 Jan 04 based upon the fact that his service-connected medical condition was determined not to be combat-related.  His diabetes mellitus was subsequently approved, with a rating of 20 percent.  

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states a review of his service and DVA medical records shows there is no evidence his Meniere's syndrome, inflammation of the iris, hiatal hernia, and malaria are combat related.  To be eligible for compensation there must be clear documentation to indicate these conditions were the result of a combat related factor.  His degenerative arthritis of the lumbar spine began after he was beaten by local police in 1955 and the traumatic arthritis of the left wrist was due to an automobile accident.  No evidence can be found to confirm the exact origin of his degenerative arthritis of the cervical spine and left knee.  

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 9 Sep 05 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-2004-01982 in Executive Session on 28 Feb 06, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 28 May 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 1 Sep 05, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 9 Sep 05.