RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02245
		INDEX CODE:  108.07
		COUNSEL:  NONE
		HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  24 Jan 06

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APPLICANT REQUESTS THAT:

His service-connected medical conditions, knee prosthesis (both knees), Post Traumatic Stress Disorder (PTSD), duodenal ulcer, prostate gland condition, bursitis, and fracture of right tibia, 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 right tibia was fractured on a parachute landing in direct support of combat against North Korean troops.  His knees were replaced due to the trauma.  

In support of his request, applicant provided documentation extracted from his Department of Veterans' Affairs (DVA) medical records.  His complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

Applicant served in the Regular Army from 6 Sep 50 through 8 Sep 53 and in the Marine Corps from 21 Jan 54 through 1 Nov 55.  He contracted his initial enlistment in the Regular Air Force on 2 Nov 55.  He was progressively promoted to the grade of technical sergeant, having assumed that grade effective and with a date of rank of 1 Jun 66.  He served in Korea from 29 Apr 52 through 2 Jan 53.  He voluntarily retired from the Air Force on 30 Nov 72, having served 21 years, 10 months, and 13 days on active duty.

Available DVA records reflect a combined compensable rating of 80% for his unfitting conditions.  

His CRSC application was disapproved on 19 Apr 04 based upon the fact that his service-connected medical condition was determined not to be combat-related.  On 10 Aug 04, his request was reevaluated and was approved for PTSD, rated at 50%; and fracture of right tibia, rated at 0%.  His remaining conditions were disapproved.  

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states a review of his service and DVA medical records show his knee prosthesis, duodenal ulcer, prostate gland condition, and bursitis are not combat related.  There is no documentation in records that shows these conditions are the direct result of armed conflict or hazardous service, rather than routine causes or his particular physical makeup.  He stated he injured his knees during parachute jumps in hostile territory.  There is no documentation of the incidents he described or any injuries suffered in those incidents other than the injury while in Japan to his right tibia.  

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 13 Aug 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-2004-02245 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 15 Jul 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 10 Aug 04.
    Exhibit D.  Letter, SAF/MRBR, dated 13 Aug 04.