RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-01299
		INDEX CODE:  108.07

		COUNSEL:  NONE

		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  27 OCT 08

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APPLICANT REQUESTS THAT:

His service-connected medical conditions, degenerative arthritis of the back and knees, condition of the skeletal system for his bilateral foot bunions and heel spurs, shin splints, and right and left elbow conditions 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:

He trained constantly with weapons, digging fox holes, firing weapons, jumping in and out of foxholes, building defensive fighting positions simulating war, and counter attacking simulated attacks on stateside and overseas bases.  He conducted base recovery after attack.  This was completed by wearing a web belt with ammunition, gas mask, flak vest and helmet, and handling a loaded M-16 rifle.  This was his daily required equipment.  He also participated in training where he had to jump out of moving vehicles.  He states the majority of his service connected injuries stem from the brutal physical training and long hours of standing on extremely hot and freezing surfaces.

In support of his request, the applicant provided a personal statement and documentation associated with his CRSC application.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant entered active duty on 2 March 1977.  He was progressively promoted to the grade of technical sergeant, having assumed that grade effective and with a date of rank of 1 November 1993.  He served as an Electrical Systems Craftsman and Security Craftsman.  He was relieved from active duty on 31 May 1997 and retired from the Air Force on 1 June 1997, having served 20 years and 3 days on active duty.

Available Department of Veterans Affairs (DVA) records reflect a combined compensable rating of 50% for his unfitting conditions.

His CRSC application was disapproved on 25 January 2005 based upon the fact that his service-connected medical conditions were determined not to be combat-related.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states the fact that the applicant incurred these disabilities while on active duty is not sufficient to support approval for CRSC.  To be eligible for compensation, clear documentation must be provided to indicate an injury occurred and was caused by a combat-related factor rather than from sports related incidents, moving furniture, falling out of trucks, or falling on ice.  While the applicant’s conditions meet the VA requirements for service-connected compensation, the evidence does not support additional compensation under CRSC.

The DPPD complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and states his injuries are a direct result of 13 years of rigorous and constant physical abuse from the security specialist career field.  It was the constant physical abuse that created and caused his injuries.

Applicant’s 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.  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 an error or injustice; the application was denied without a personal appearance; and 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-2007-01299 in Executive Session on 2 November 2007, 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 20 April 2007, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 19 June 2007.
    Exhibit D.  Letter, SAF/MRBR, dated 3 July 2007.
    Exhibit E.  Letter, Applicant, dated 1 August 2007.

                                   XXXXXXXXXX
                                   Chair