RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2005-00235
		INDEX CODE:  108.07
		COUNSEL:  NONE
		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  22 JUL 06

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APPLICANT REQUESTS THAT:

His service-connected medical conditions, degenerative arthritis of the lumbosacral spine and knees, 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 were incurred while performing his duties as a Munitions Specialist on the flightline, during combat operations.  While transporting ammunition to an F-86 aircraft as Suwon AB, Korea in 1952/1953, he fell from the back of a truck with a full box of 50 caliber ammunition causing severe injury to his back and knees.  He reported to the medic and was advised to remain in bed to allow the swelling to recede.  Upon his return to the states he reported to the medical facility and was advised to exercise for his condition.  The Department of Veterans' Affairs (DVA) has awarded him service connection for his injuries.

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 entered active duty on 1 Feb 52.  He was progressively promoted to the grade of senior master sergeant, having assumed that grade effective and with a date of rank of 1 Oct 71.  He served in the Republic of Korea from 1 Jul 52 through 19 Jun 53.  He voluntarily retired from the Air Force on 31 Aug 74, having served 22 years and 7 months on active duty.

Available Department of Veterans Affairs (DVA) records reflect a combined compensable rating of 40% for his unfitting conditions.  

His CRSC application was disapproved on 17 Nov 03 based upon the fact that his service-connected medical conditions were determined not to be combat-related.  His application was reviewed a second time in response to an inquiry submitted through his Congressman and again denied.  His tinnitus, rated at 10%; and hearing loss, rated at 0%, were subsequently approved.  

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states a review of his service and DVA medical records show conflicting information regarding the incident.  An entry dated 7 Aug 53, states he complained of trouble with his back and knees and the "injury occurred as a result of doing calisthenics."  An entry dated 13 Aug 53, indicates the patient told the medical provider "the only possible trauma to knees could have been 4 months ago during calisthenics."  During a consultation for his right knee the referring doctor thought the x-ray showed an old fracture; however, the consulting medical provider doubted there had been an old fracture.  Other evidence is vague until his DVA compensation exam dated 7 Oct 02, which mentions the injury resulted from a fall off a truck in 1952 in Korea.  

Falling off a truck while performing routine duties is not combat related.  Evidence must be provided to indicate the fall was caused by a combat related factor such as shock from a bomb blast, rather than human error or some non-combat related event such as slipping on a wet surface.

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 18 Mar 05 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 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-2005-00235 in Executive Session on 15 Dec 05, under the provisions of AFI 36-2603:

	Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 22 Oct 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 6 Feb 04, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 13 Feb 04.
    Exhibit E.  Letter, BCMR Medical Consultant, dated 23 Feb 04.

                                   Chair