RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-03925
		INDEX CODE:  108.07
		COUNSEL:  NONE
		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 26 Jun 06

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APPLICANT REQUESTS THAT:

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

The effective date of compensation for his approved conditions be changed 1 Jan 04 to 23 Jun 03.

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APPLICANT CONTENDS THAT:

His arthritis of the hips claim was actually a claim for bilateral total hips with arthritis.  This condition was incurred on bombing missions over Germany during World War II.  His electric flight suit malfunctioned, causing his lower extremities to become very cold during four high altitude missions.  

In support of his request, applicant provided a personal statement and documentation associated with his CRSC application.  His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant served in an enlisted status from 13 Mar 42 to 4 Feb 44.  He was appointed a second lieutenant, Reserve of the Air Force on 5 Feb 44.  He was progressively promoted to the grade of lieutenant colonel, having assumed that grade on 17 Sep 67.  On 31 Oct 70, he voluntarily retired for years of service.  He served 28 years, 7 months, and 18 days on active duty

Available Department of Veterans Affairs (DVA) records reflect a combined compensable rating of 60% for his unfitting conditions.  

His CRSC application was approved for tinnitus and impaired hearing, rated at 10%.  His arthritis and degenerative arthritis 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 no documentation was provided in his initial application or in the current request to support his claim or to indicate he suffered from this condition during his military service.  Several references throughout his medical records indicate he claimed no physical ailments of this kind.  A review of his service and DVA medical records show his arthritis and degenerative arthritis are not combat related.  His records do not show, while in service, a combat-related event or events that were the direct cause of his disability.  

DPPD states the effective date of the partially approved CRSC request was based on current legislation that establishes the earliest effective date for ratings of less that 60% as of 1 Jan 04, or the effective date of DVA compensation payment, whichever is later.  The DPPD evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responded and reiterated that his degenerative arthritis began during high altitude bombing missions during World War II when his electric heated flight suit became inoperative and his legs became extremely cold.  Flight surgeons after the arthritis began advised him that the extreme cold and flying at high altitudes could have caused the arthritis.  Since this was a progressive condition he was treated only at sick call and not in the hospital.  It was not practical to obtain sick call reports from the many hospitals he received treatment.  The report insinuated he may have had the condition prior to coming into service, but he doubts he would have been accepted as a flying cadet with the condition.  The degenerative arthritis became increasingly severe throughout the years, resulting in complete hip replacement, both hips.  The DVA has rated him at 100% disabled.  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.  With respect to his request that the effective date of his approved CRSC claim be changed, we find no evidence which would substantiate the established effective date is erroneous.  Therefore, we agree with the opinions 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-2004-03925 in Executive Session on 15 Dec 05, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 16 Dec 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 10 Jan 05, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 21 Jan 05.
    Exhibit E.  Letter, Applicant, dated 10 Feb 05.