RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-00837
		INDEX CODE:  108.07
	XXXXXXXXXXXXXXXX	COUNSEL:  NONE
		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  21 SEPTEMBER 2008

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APPLICANT REQUESTS THAT:

His service-connected medical conditions, intervertebral disc condition, hiatal hernia, tinnitus and impaired hearing be reevaluated under the Combat Related Special Compensation (CRSC) program so he may qualify for compensation under the CRSC program.

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APPLICANT CONTENDS THAT:

During his service in Korea and Vietnam, his job was to run heavy equipment, pour concrete and build runways and bunkers.  His unit was attacked while retrieving equipment from the docks and was hit with mortars.   

In support of his request, applicant provides a copy of the CRSC decision.  His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant entered active duty on 12 September 1951.  He was progressively promoted to the grade of master sergeant, having assumed that grade effective and with a date of rank of 1 February 1969.  Records reflect he served in Korea from 27 April 1953 to 27 April 1954.and in the Republic of Vietnam from 10 May 1965 through 24 April 1966.  He voluntarily retired from the Air Force on 30 June 1972, having served 20 years, 9 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 22 October 2003, for intervertebral disc condition, hiatal hernia, tinnitus and impaired hearing because there was no evidence to confirm these disabilities were the result of a combat-related event or injury. The applicant appealed this decision twice, but his requests were disapproved.  

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD advises that the circumstances described by the applicant do not meet the mandatory criteria for compensation under the CRSC program as outlined under the provisions of 10 U.S.C., Chapter 71, Section 1413a. 

The AFPC/DPPD complete 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 May 2007 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 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 Docket Number BC-2007-00837 in Executive Session on 23 July 2007, under the provisions of AFI 36-2603:

	XXXXXXXXXX, Chair
	XXXXXXXXXX, Member
	XXXXXXXXXX, Member

The following documentary evidence pertaining to Docket Number BC-2007-00837 was considered:

    Exhibit A.  DD Form 149, dated 9 Mar 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 25 Apr 07.
    Exhibit D.  Letter, SAF/MRBR, dated 4 May 07.

                                   XXXXXXXXXX
                                   Chair