RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02141
		INDEX CODE:  108.07
		COUNSEL:  NONE
		HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE: 13 Jan 06

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APPLICANT REQUESTS THAT:

His service-connected medical conditions, traumatic arthritis (both knees) and back strain, 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:

His injuries go as far back as 1951 through 1977.  During those years he was plagued with back pain and knee injuries.  On every duty station that he served, he was hospitalized due to back or knee problems.  He injured his back and knees while performing flight line duty on an F-4 aircraft in Vietnam.  The new injury aggravated an old injury.  

In support of his request, applicant provided documentation associated with his CRSC application and documentation extracted from his medical records.  His complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force on 10 Jul 51.  He was progressively promoted to the grade of master sergeant, having assumed that grade effective and with a date of rank of 1 Sep 73.  On 23 Mar 77, a Medical Evaluation Board (MEB) considered and referred his case to a Physical Evaluation Board (PEB) with a diagnosis of degenerative arthritis and low back pain.  On 7 Apr 77, the PEB found his conditions not unfitting for service and recommended he be returned to duty.  The applicant did not agree with the findings and recommendation of the PEB.  On 27 Apr 77, the Physical Review Council directed that he be returned to duty.  He voluntarily retired from the Air Force on 31 Jul 77, having served 26 years and 19 days on active duty.

His CRSC application was disapproved on 6 May 04 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 a review of his service and DVA medical records show his traumatic arthritis and back strain are not combat related.  His records are silent of any incident where he was injured while jumping off an aircraft in Vietnam.  

The DPPD 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 24 Sep 04 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 conditions the applicant believes are combat-related were 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, 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.

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue involved.  Therefore, the request for a hearing is not favorably considered.

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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 AFBCMR Docket Number BC-2004-02141 in Executive Session on 26 Jul 05, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 6 Jul 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 22 Sep 04.
    Exhibit D.  Letter, SAF/MRBR, dated 24 Sep 04.