RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02706
		INDEX CODE:  108.07
		COUNSEL:  NONE
		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 4 Mar 06

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APPLICANT REQUESTS THAT:

His service-connected medical conditions, spinal disc condition and knee prosthesis, 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:

While stationed in Thailand he was sent to a hostile area that bordered Vietnam, in what was called the Secret War.  It was while in this area that his injury was incurred.  His records do not provide details of his injury or reflect that this is where his injury was incurred because the location was classified.  

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

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STATEMENT OF FACTS:

Applicant served in the Regular Army from 15 Mar 46 through 25 Dec 48.  He enlisted in the Regular Air Force on 23 Feb 50 and was progressively promoted to the grade of master sergeant.  He voluntarily retired from the Air Force on 31 May 67, having served 20 years and 17 days on active duty.

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

His CRSC application was disapproved on 2 Feb 04 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 spinal disc condition and knee prosthesis are not combat related.  His records do not show, while in service, a combat-related event or events were the direct cause of his disabilities.  Medical documentation dated 6 Mar 57, states his injuries were incurred when he jumped off a truck.  Injuries sustained by jumping off a truck are not considered combat related.  First mention of his knee injury dated 14 Oct 65, states he "twisted his knee 2 days ago."  There is no other mention of the knee until 17 Jul 67 in which it states"   injured his left knee while in Thailand in 1965 while in the Air Force."  On 21 May 75, an entry states "This patient gives a history of an injury to his left knee in May of 1965.  He states that a prisoner in attempting to escape struck him across the outer aspect of his left knee with a rifle butt and apparently caused..."  Unfortunately there is no corroborating evidence of the incident he described in any medical documentation other than his own statement.  

The DPPD evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states his left knee was operated on in October 1966 at Little Rock AFB for an injury that he received in Southeast Asia.  The operation was not successful and he was transferred to the DVA hospital where his left knee had to be replaced and his right knee had to be eventually replaced due to the extreme stress.  There is no way he can provide information on the hazardous service in Laos due to the secrecy of the operation.  

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 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-2004-02706 in Executive Session on 13 Oct 05, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 27 Aug 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 13 Dec 04.
    Exhibit D.  Letter, SAF/MRBR, dated 29 Dec 04.
    Exhibit E.  Letter, Applicant, not dated, w/atchs.