RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02061
		INDEX CODE:  108.07
		COUNSEL:  NONE
		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 3 Jan 06

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APPLICANT REQUESTS THAT:

His service-connected medical conditions, limited motion of arm (left shoulder), traumatic arthritis (right wrist), degenerative arthritis (left wrist), and knee condition 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 injuries were incurred while using an M-10 combat Bomb Loader to move explosives for shipment to Vietnam.   The loader malfunctioned and pinned him against the storage building.  

In support of his request, applicant provided 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 23 Jul 52.  He was progressively promoted to the grade of master sergeant, having assumed that grade effective and with a date of rank of 1 Mar 68.  He voluntarily retired from the Air Force on 31 Jul 72, having served 20 years and 8 days on active duty.

Available Department of Veterans Affairs (DVA) records reflect a combined compensable rating of 60% for his unfitting conditions.  

His CRSC application was disapproved on 22 Mar 04 based upon the fact that evidence provided did not show his service-connected medical conditions were combat-related.  On 22 Jul 04, his request was approved for degenerative arthritis, lumbosacral spine, rated at 40%; and limited motion in cervical spine, rated at 10%.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states a review of his service and DVA medical records show his limited motion of arm (left shoulder), traumatic arthritis (right wrist), degenerative arthritis (left wrist), and knee condition are not combat related.  His records do not show that the accident involving a bomb loader was the direct cause of these disabilities.  

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 30 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.  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-2004-02061 in Executive Session on 26 Jul 05, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 23 Jun 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 22 Jul 04.
    Exhibit D.  Letter, SAF/MRBR, dated 30 Jul 04, w/atch.