RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-01741
		INDEX CODE:  108.07

		COUNSEL:  NONE

		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  7 DEC 08

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical conditions, residuals of foot injury, both feet and traumatic arthritis of the right knee, be assessed as combat related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He desires CRSC for his service-connected medical conditions.  

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.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force on 13 November 1974.  He was progressively promoted to the grade of master sergeant, having assumed that grade effective and with a date of rank of 1 May 1989.  He served as a Pavement and Construction Equipment Technician and Safety Craftsman.  On 31 December 1994, he was relieved from active duty and retired from the Air Force on 1 January 1995, having served 20 years, 1 month, and 18 days on active duty.

Available Department of Veterans Affairs (DVA) records reflect a combined compensable rating of 70% for his unfitting conditions.

His CRSC application was disapproved on 23 February 2007 based upon the fact that his service-connected medical conditions were determined not to be combat-related.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states the applicant had repeated complaints of painful feet and a noted incident of right knee injury; however, there is no evidence to indicate his conditions were directly caused by a combat-related factor.  In order for the disabilities to be eligible for compensation under CRSC, the conditions must meet the rigorous standards established for combat-related disabilities and not merely have a service connection.  Therefore, there must be documentation that shows the direct combat-related cause of each disability.

The DPPD complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and states his conditions were caused by the performance of duty under conditions simulating war.  He was training for wartime missions.

Applicant’s complete response, with attachments, is at Exhibit E.

_________________________________________________________________

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.

_________________________________________________________________

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.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-2007-01741 in Executive Session on 2 November 2007, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 29 March 2007, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 17 July 2007.
    Exhibit D.  Letter, SAF/MRBR, dated 27 July 2007.
    Exhibit E.  Letter, Applicant, dated 21 August 2007, w/atchs.