RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-03958
            INDEX CODE:  108.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His AF Form 356, Findings and Recommended Disposition of USAF Physical
Evaluation Board, Item 10d, be changed to reflect that  his  unfitting
medical condition for his degenerative disk disease was the result  of
a combat related injury.

_________________________________________________________________

APPLICANT CONTENDS THAT:

A 500-pound bomb was inadvertently lowered on top  of  him  causing  a
fracture of his C-7, two thoracic, and two lumbar vertebrae during  an
Operational Readiness Exercise (ORE) at Kunsan AB, Korea  in  Jan  93,
resulting in his degenerative disk disease.

In support of his appeal, the applicant  provided  extracts  from  his
medical records, which included the AF Form 356.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 14 Nov  80.   Prior  to
the matter under review, he was progressively promoted to the grade of
master sergeant.

On  15  Oct  02,  a  Medical  Evaluation  Board  (MEB)  convened   and
established diagnoses of degenerative disc disease; right knee - grade
III horizontal tear of  meniscus,  status  post  arthroscopy;  sensory
neural, hearing  loss  and  tinnitus,  and  dysequilibrium.   The  MEB
recommended that the applicant’s case  be  forwarded  to  an  Informal
Physical Evaluation Board (IPEB).

On 31 Oct 02, the applicant’s case was considered  by  an  IPEB.   The
IPEB rendered a diagnosis of  degenerative  disk  disease.   The  IPEB
found that the applicant was  unfit  because  of  physical  disability
(degenerative disk disease), that the disability  was  incurred  while
the applicant was entitled to receive basic pay, that  the  disability
was incurred in the line of duty,  that  the  disability  was  ratable
under VA Diagnostic Code 5293 at 20 percent, and that  the  disability
was permanent.  The IPEB did not find  that  the  disability  was  the
direct result of a combat related  injury.   The  IPEB  also  rendered
diagnoses of right knee pain, status post arthroscopy; sensory  neural
hearing loss, and dysequilibrium, tobacco abuse, and  overweight,  but
found that while the conditions could  be  unfitting,  they  were  not
currently compensable or  ratable.   The  IPEB  recommended  that  the
applicant be permanently  retired.   The  applicant  agreed  with  the
findings and recommended disposition of the IPEB.

On 4  Mar  03,  the  applicant  was  relieved  from  active  duty  and
permanently retired,  effective  5  Mar  03,  by  reason  of  physical
disability, with a compensable rating of 20 percent.  He was  credited
with 22 years, 3 months, and 21 days of active duty service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommended denial noting that the purpose of the Air  Force
Disability Evaluation System (DES) is to  maintain  a  fit  and  vital
force by separating or retiring members who are unable to perform  the
duties of their office, grade, rank or rating.  Those members who  are
separated or retired  by  reason  of  a  physical  disability  may  be
eligible for certain disability compensation.  The decision to process
a member through the military DES is determined by an MEB when  he  or
she is determined disqualified for continued  military  service.   The
decision to conduct an MEB is made by the medical  treatment  facility
providing health care to the member.

AFPC/DPPD indicated that an examination of the  disability  processing
file reflected the applicant was  presented  before  an  MEB  and  the
results forwarded to the IPEB for adjudication of the case.  The board
subsequently reviewed the file and  determined  that  the  applicant’s
degenerative disk disease was unfitting for continued military service
and recommended that he be  permanently  retired  with  a  20  percent
disability rating under the provisions of Title 10, United States Code
(USC), Section 1201.  The applicant concurred with  the  findings  and
recommendations of the IPEB, and shortly thereafter  officials  within
the  Office  of  the  Secretary  of  the  Air  Force  directed  he  be
permanently retired for a physical disability.

To ensure that  the  applicant  received  a  full  and  fair  hearing,
AFPC/DPPD stated the case was once again forwarded to the IPEB  for  a
combat related injury determination in accordance  with  AFI  36-3212,
paragraphs 3.26.1 and 3.27.2.1.3.  The  Board  subsequently  concluded
that the applicant’s injury in  1993,  as  documented  in  a  physical
therapy consult and a clinical visit entry both dated 14 Jan 93, was a
strain/overuse injury rather than an acute traumatic injury caused  by
a weapon (500-pound bomb)  as  claimed  in  applicant’s  appeal.   The
clinic note, in fact, specifically stated  “no  known  acute  injury,”
directly contradicting individual’s claim.  The board  also  confirmed
that the  applicant’s  condition  (degenerative  disc  disease)  is  a
naturally slowly progressive medical condition.  As such, there is  no
documentation of his claimed trauma.   The  IPEB  found  no  basis  to
support approval of his application.  The applicant’s  statement  that
his ordeal occurred during an Operational Readiness Exercise in Jan 93
could  not  be  confirmed  or  verified  from  his  records,   another
requirement for approval of his request.

Following their examination of the file, and taking into  account  the
preponderance of evidence provided, AFPC/DPPD indicated that they were
unable to justify why his disability processing records should reflect
that his degenerative disk disease was the result of a combat  related
injury.  In their view,  the  applicant  did  not  provide  sufficient
documentation to confirm that his current unfitting medical  condition
was the direct result of a combat related injury as defined in AFI 36-
3212.

A complete copy of the AFPC/DPPD evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant indicated that contrary to what may  be  documented  in  his
medical records, his contention that a 500-pound bomb was  lowered  on
him is true.  The only time he remembers hurting his back  was  during
the Operational Readiness Exercise in Korea.  In his  view,  it  is  a
discredit to the military medical system that the damage to  his  back
was not treated properly, documented, or found earlier.

Applicant’s complete response is at Exhibit E.

_________________________________________________________________

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  applicant's  complete
submission was thoroughly  reviewed  and  his  contentions  were  duly
noted.  However, we do not find  the  applicant’s  assertions  or  the
documentation  presented  in  support  of  his   appeal   sufficiently
persuasive to override the rationale provided by the Air Force  office
of primary responsibility (OPR).  No evidence has been presented which
has shown to our  satisfaction  that  the  applicant's  unfitness  for
continued military service by reason of physical  disability  was  the
result of a combat related injury.  In view of the foregoing,  and  in
the  absence  of   evidence  to  the  contrary,  we  agree  with   the
recommendation of the OPR and adopt their rationale as the  basis  for
our decision that the applicant has failed to sustain  his  burden  of
establishing that he has suffered either an  error  or  an  injustice.
Accordingly, the we find no compelling basis to recommend granting the
relief sought in this application.

_________________________________________________________________

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.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2002-03958 in Executive Session on 27 May 03, under the provisions  of
AFI 36-2603:

      Mrs. Barbara A. Westgate, Chair
      Mr. Roscoe Hinton, Jr., Member
      Ms. Carolyn B. Willis, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 3 Dec 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 27 Jan 03.
    Exhibit D.  Letter, SAF/MRBR, dated 31 Jan 03.
    Exhibit E.  Letter, applicant, dated 25 Feb 03.




                                   BARBARA A. WESTGATE
                                   Chair