RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00611 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, arthritis lumbar spine, right hand, degenerative arthritis - left knee, bursitis - right shoulder, frostbite - left foot three toes, and right heel spur be assessed as combat-related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act. _________________________________________________________________ APPLICANT CONTENDS THAT: He received several wounds in Korea. He received shrapnel in his right hand, frostbite to three toes on his left foot and wounds and injuries from an incoming explosion (back, knee, and right shoulder). In support of his request, the applicant provides a personal statement and documentation associated with his CRSC application. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant with 22 years, 11 months and 5 days of active service retired from the Air Force on 1 October 1981. He served as a Recruiter, Aircraft Loadmaster Technician, Transportation Supervisor, and a Passenger and Household Goods Specialist. His CRSC application was approved on 31 March 2004 for PTSD, on 6 May 2004 for impaired hearing and tinnitus on 10 May 2010. However, his appeal was disapproved for his back, neck, right shoulder, left knee, frostbite of three toes on the left foot, and right heel spur based upon the fact that his service- connected medical conditions were determined not to be combat- related. Available Department of Veterans Affairs (DVA) records reflect a combined compensable rating of 100% for his unfitting conditions. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSDC recommends denial. DPSDC states by law, determinations of whether a disability is combat-related will be based on the preponderance of available documentary information. All relevant documentary information is to be weighed in relation to known facts and circumstances, and determinations will be made on the basis of credible, objective documentary information in the records as distinguished from personal opinion, speculation, or conjecture. When making combat-related determinations the Board looks for documentation from the time of the injury confirming the event and the injury. Documentation provided does not confirm injuries from incoming artillery knocking the applicant down a hill, a hard aircraft landing, or boarding a landing craft in high seas. Additionally, injuries incurred from sports activities are not approvable for CRSC. His claim and documentation contained no definitive evidence to confirm these disabilities were the direct result of a combat-related event. The DPSDC complete evaluation, with attachments, is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 27 August 2010, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit D). As of this date, this office has received no response. _________________________________________________________________ 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. The evidence of record does not support a finding that the service-connected medical conditions the applicant believes are combat-related were 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. Therefore, in the absence of evidence to the contrary, we find no 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 issues involved. Therefore, the request for a hearing is not favorably considered. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of an error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-00611 in Executive Session on 15 November 2010, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2010-00611 was considered: Exhibit A. DD Form 149, dated 13 February 2010. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSDC, dated 29 June 2010, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 27 August 2010.