RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02290
		INDEX CODE:  108.07
		COUNSEL:  NONE
		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 25 Jan 06

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APPLICANT REQUESTS THAT:

His service-connected medical conditions, injury to right toe, heel, and knee condition, 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 heel was injured jumping off a C-141 in a combat related event in Grenada in 1983.  His left knee was injured jumping out of a helicopter in a combat related event during Operation Provide Comfort, in Turkey in 1993.

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

Applicant enlisted in the Regular Air Force on 14 Jan 77.  He was discharged on 14 Feb 83 and appointed a second lieutenant, Reserve of the Air Force on 15 Feb 83.  He was progressively promoted to the grade of major, having assumed that grade effective and with a date of rank of 6 Feb 95.  He served as an Aircraft Maintenance and Munitions Officer and as a Logistics Plans Officer.  On 31 Jan 00, he voluntarily retired for years of service.  He served 23 years and 17 days on active duty

His CRSC application was approved for tinnitus, rated at 10%.  His remaining conditions were disapproved based upon the fact that the 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 injury to right toe, heel, and knee condition, are not combat related.  His records do show entries for the stated conditions, but are silent for any cause of the injuries.  There is no corroborating documentation of the incidents he described or any injuries suffered in those incidents.  His records repeatedly refer to his knee condition as chronic and an entry dated 29 Dec 98 states, "history of right foot pain.  He denies any trauma or increase in exertional activities lately."  Without corroboration, his request cannot be approved.  

The DPPD evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

At the time of both of the events in which he was injured, his units were operating under cover of darkness and under a very high security classification.  He elected not to reveal this to the DVA medical officer at the time of his service retirement physical because of the security issue.  That is why there is no mention of any of these injuries in his medical records.  His complete response, with attachments, is at Exhibit E.

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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.

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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-2004-02290 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 3 Aug 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 19 Oct 04.
    Exhibit D.  Letter, SAF/MRBR, dated 29 Oct 04.
    Exhibit E.  Letter, Applicant, dated 5 Nov 04, w/atchs.