RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-01385
		INDEX CODE:  108.07
	XXXXXXXXXXX	COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His service-connected medical condition, traumatic arthritis (left shoulder), 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 dislocated his left shoulder while inspecting an aircraft intake.  He was taken to the base hospital where he was examined and released.  His shoulder continued to dislocate until it was repaired by surgery.  

In support of his request, applicant provides a personal statement and excerpts from his military personnel and medical records.

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

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STATEMENT OF FACTS:

On 1 Oct 77, applicant retired from the Air Force in the grade of master sergeant, after serving 20 years, 1 month, and 26 days on active duty.  

Available Department of Veterans Affairs (DVA) records reflect a combined compensable rating of 40% for his service-connected conditions.  

His CRSC application was partially approved on 8 March 2007, for impaired hearing and tinnitus.  His request for compensation for his traumatic arthritis (right knee) and traumatic arthritis (left shoulder) were disapproved because there was no evidence to confirm these disabilities were the direct result of armed conflict, hazardous service, instrumentality of war, or simulating war.   

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states that although the applicant’s condition has been deemed service-connected by the DVA, their standard is to grant service connection for injuries or diseases manifested (or residuals of these injuries were treated) while in service and, if necessary, resolve doubt in the interest of the veteran.  DPPD advises that the applicant’s service medical records confirm he dislocated his shoulder while inspecting an aircraft intake.  However, by itself, routine aircraft maintenance is a normal day to day activity and is not considered combat-related.  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 3 July 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 condition the applicant believes is combat-related was 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, does 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 Docket Number BC-2007-01385 in Executive Session on 2 November 2007, under the provisions of AFI 36-2603:

The following documentary evidence pertaining to Docket Number BC-2007-01385 was considered:

    Exhibit A.  DD Form 149, dated 23 April 2007, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 5 June 2007.
    Exhibit D.  Letter, SAF/MRBR, dated 3 July 2007.