RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER:	BC-2008-03103 INDEX CODE:	108.07
XXXXXXX	COUNSEL:	HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
1.	His service records be changed to reflect that he injured his left/right knees and back as a result of a B-24 aircraft accident on 26 May 45.

2.	His service-connected medical conditions, left and right knee prosthesis and degenerative arthritis of the spine be assessed as combat-related in order to qualify for compensation under the Combat-Related Special Compensation (CRSC) Act.

APPLICANT CONTENDS THAT:
His medical records were not updated to record his injuries from
26 May 1945. The aircraft he was trying to land pitched down violently. He pulled the yoke with all his strength and yelled for the copilot’s help. The plane hit the runway hard enough to tear off the right main gear and nose wheel, breaking the right wing, gas tanks and popped his knees out of joint. He painfully walked away from the accident with an injured back and swollen knees. Major ------ observed him limping and offered hospital assistance but  he declined. While awaiting airport transportation, he asked a doctor if his knees could be damaged while walking on them. He told the doctor his right knee had been displaced during an exercise program 18 months earlier. The doctor examined his knees and assured him the swelling would go down and he would be fine. Upon returning to Bradley Field the swelling went down. A colonel stated the wrecked B-24 was wiped off the books and would not be in his records. When he submitted his CRSC application, he was told the Department of Veterans Affairs (DVA) did not have documentation to support his request.

In support of his request, applicant provided a personal statement.

His complete submission, with attachment, is at Exhibit A.

STATEMENT OF FACTS:
On 14 Sep 48, the applicant entered the Regular Air Force.  On
25 Sep 67, the applicant retired from the Air Force in the grade of lieutenant colonel, by reason of a physical disability after serving 23 years, 4 months and 1 day on active duty.

Available DVA records reflect a combined compensable rating of 90% for his service-connected conditions.

He applied for CRSC for right knee prosthesis and degenerative arthritis  of  the  spine.    His  application  was  disapproved
6 Nov 07. No evidence was provided to confirm these disabilities were the direct result of armed conflict, hazardous service, instrumentality of war, or simulating war. He is now requesting reconsideration for left and right knee prosthesis and degenerative arthritis of the spine.

AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD provides a review of the applicant’s medical records and notes the applicant stated in his initial claim for CRSC that he injured his right knee during a physical training exercise. He also stated that he re-injured his knee and hurt his back in a B–24 aircraft crash in 1945. In his application for correction of military records he stated he injured his knees and back as a result of a B-24 aircraft accident on 26 May 45, in Cheyenne, Wyoming. A careful review of his DVA records found no corroborating evidence to support he incurred these conditions as he described.

In accordance with DD Form 2860, Claim for Combat Related Special Compensation (CRSC), there must be a definite, documented, casual relationship between a combat-related event and the resulting disability. Documentation does not confirm that his injuries were incurred from an aircraft crash.

With regards to his request to have his medical records changed, CRSC does not have the authority to change or alter medical documentation.

The complete DPPD evaluation, with attachments, is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant’s counsel responded stating the applicant agrees that he did incur an injury to his right knee while playing football in 1944 which was documented in his medical records. He also agrees that he further injured his back while pushing a vehicle in 1957 which was also documented.   He believes the

greatest damage to his knees and back occurred as a result of the B-24 aircraft accident that occurred at an airfield at Cheyenne, Wyoming on 26 May 45. Unfortunately he was only briefly examined by a civilian physician at the airfield in Cheyenne before taking a commercial flight back to Bradley Field later that same evening. He later had surgery on his right knee in 1948, followed by surgery on his left knee a few years later. He believes these procedures were necessitated as a result of the injuries from the aircraft accident. Due to the demands of the war, records are not always made or maintained which may be needed to support later claims.

The 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 applicant is requesting his medical records be corrected to reflect that his knee conditions were the result of a B-24 aircraft accident. Based upon a review of the available evidence of record and the documentation provided in support of his appeal, we do not find evidence that justifies insertion of the requested statement. Therefore, approval of that portion of his request is not warranted. In addition, 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; 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.

The following members of the Board considered this application in Executive Session on 23 Feb 09, under the provisions of AFI 36- 2603:

Chair 
Member 
Member

The following documentary evidence was considered:
Exhibit A.	DD Form 149, dated 12 Aug 08, w/atchs. Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	Letter, AFPC/DPPD, dated 19 Nov 08, w/atchs. Exhibit D.	Letter, SAF/MRBR, dated 5 Dec 08.
Exhibit E.	Letter, Applicant’s Counsel, dated 30 Dec 08, w/atchs.

Chair