RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-03567
		INDEX CODE:  108.07
		COUNSEL:  NONE
		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical conditions, limitation of flexion, left knee and limitation of extension, left knee, be assessed as combat-related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His injuries were incurred from Prisoner of War (POW) training.  While being interrogated, he was struck both above and below the knee with a club.

In support of his request, the applicant provided documentation associated with his CRSC application.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant entered active duty in the Regular Air Force on 27 April 1949.  He was progressively promoted to the grade of technical sergeant, having assumed that permanent grade effective and with a date of rank of 1 June 1968.  He served as an Aircraft Maintenance Technician.  He was relieved from active duty on 29 February 1972 and retired 1 March 1972, having served 22 years and 16 days on active duty.

Available Department of Veterans Affairs (DVA) records reflect a combined compensable rating of 20% for his unfitting conditions.

His CRSC application was partially approved on 15 June 2004 for diabetes mellitus.  However, his limited flexion of the left knee, and loss of motion of long finger, left hand, were disapproved based upon the fact that his service-connected medical conditions were determined not to be combat-related.

He subsequently submitted another CRSC application and it was disapproved on 19 June 2007 based upon the fact that his service-connected medical conditions were determined not to be combat-related.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSD recommends denial.  DPSD states the fact that he incurred disabilities during training is not sufficient to support a combat-related determination without a direct relationship between the combat training and the injuries themselves.  These conditions do not meet the mandatory criteria for compensation under the CRSC program.

AFPC/DPSD’s complete  evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 29 February 2008, the evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit D).  As of this date, this office has received no response.

_________________________________________________________________

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-2007-03567 in Executive Session on 12 May 2008, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

  Exhibit A.  DD Form 149, dated 22 October 2007, w/atchs.
  Exhibit B.  Applicant's Master Personnel Records.
  Exhibit C.  Letter, AFPC/DPSD, dated 6 February 2008, w/atchs.
  Exhibit D.  Letter, SAF/MRBR, dated 29 February 2008.