RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-03774
		INDEX CODE:  108.07
		COUNSEL:  NONE
		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  12 JUN 06

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APPLICANT REQUESTS THAT:

His service-connected medical conditions, right knee prothesis, left knee condition, and individual unemployability, 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 knee conditions were the result of gradual deterioration from working continuously on concrete ramps (on the flightline).  He was in two war ready organizations that required speed and that he always be on alert.  He was assigned to a special bomb detachment at Bitberg AB, GE and the 29th Fighter Interceptor Squadron at Malstrom AFB, MT.  While in the Air Force he had to stop working on numerous occasions because of his sore knees.  

In support of his request, applicant provided documentation extracted form his medical records.  His complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

Applicant having served in the U.S. Navy, Navy Reserve, and Air National Guard, contracted his initial enlistment in the Regular Air Force on 7 Jan 53.  He was progressively promoted to the grade of master sergeant, having assumed that grade effective and with a date of rank of 1 Dec 68.  He voluntarily retired from the Air Force on 30 Nov 70, having served 22 years, 9 months, and 17 days on active duty.

Current Department of Veterans Affairs (DVA) records reflect a combined compensable rating of 90%, with individual unemployability for his unfitting conditions.  

His CRSC application was partially approved on 2 Jul 04.  He was granted CRSC for his hearing impairment but his knee conditions were disapproved based upon the fact that the service-connected medical conditions were 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 he suffered an injury to his right knee on 19 Apr 59 when exiting a truck at his home.  This event is not considered combat related.  No evidence can be found in his records to show he injured his left knee in a combat related incident during his military career.  While working on a hard flightline surface may have contributed to his knee conditions, this is not considered to be a combat related event, which would warrant approval of CRSC.  Further, no evidence was provided to indicate the working conditions on the flightline contributed to his 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 4 Feb 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-2004-03774 in Executive Session on 25 Apr 05, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 2 Dec 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 1 Feb 05.
    Exhibit D.  Letter, SAF/MRBR, dated 4 Feb 05.