RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-01029
		INDEX CODE:  145.00
	XXXXXXX	COUNSEL:  NONE
		HEARING DESIRED: NOT INDICATED

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APPLICANT REQUESTS THAT:

His service-connected medical conditions, duodenal ulcer, tendon inflammation and degenerative arthritis 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:

Applicant provides no contentions.  

In support of his request, the applicant provides a copy of his CRSC application with associated documents and excerpts from his service medical record.  His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 31 May 75, the applicant retired from the Air Force in the grade of staff sergeant, after serving 20 years and 25 days on active duty.  

On 26 Sep 06, his initial application for CRSC consideration was denied for duodenal ulcer as non-combat related, and tendon inflammation and degenerative arthritis were disapproved for insufficient documentation.

Available documentation reflects the VA rated the duodenal ulcer, tendon inflammation, and degenerative arthritis at 10% each.

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AIR FORCE EVALUATION:

HQ AFPC/DPPD recommends denial.  DPPD states his application gave no explanation for the cause of his disabilities.  Additionally, there was no evidence provided to confirm his conditions were a direct result of combat-related events.  In order to make a determination on his condition the CRSC board ordered all his Rating Decision letter(s) and service medical records from the Department of Veteran’s Affairs (DVA); however, after several attempts, no evidence has been obtained.  Due to the lack of evidence, the board disapproved his CRSC application.  His conditions do not meet the mandatory criteria for compensation under the CRSC program as outlined under the provisions of Title 10, United States Code (U.S.C.), Chapter 71, Section 1413a.

The complete DPPD evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 3 Aug 07 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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  The available evidence of record does not support a finding that the service-connected medical conditions the applicant believes are combat-related were 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 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-2007-01029 in Executive Session on 12 May 2008, under the provisions of AFI 36-2603:

				XXXXXXXXXX, Chair
				XXXXXXXXXX, Member
				XXXXXXXXXX, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 28 Mar 07, w/atchs.
    Exhibit B.  Letter, AFPC/DPPD, dated 19 Jul 07.
    Exhibit C.  Letter, SAF/MRBR, dated 3 Aug 07.

                                   XXXXXXXXXX
                                   Panel Chair