RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02466
            INDEX CODE:  108.07
            COUNSEL:  NONE


            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical condition, intervertebral  disc  syndrome,  be
assessed as combat related in order to qualify for  compensation  under  the
Combat Related Special Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His back injury occurred when he was lifting  engine  cowling  and  his  co-
worker dropped his end.  He has had quite a few injuries to his  lower  back
while working as a crew chief.  In addition, he  has  participated  in  many
combat exercises as a crew chief.

In support of his request applicant provided documents  extracted  from  his
medical records.  His complete submission, with attachments, is  at  Exhibit
A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force  on  25
Apr 80.  He was progressively promoted to the grade of  technical  sergeant,
having assumed that grade effective and with a date of rank  of  1  Aug  99.
During his tour on  active  duty  he  served  as  an  Aerospace  Maintenance
Journeyman  and  as  a  Maintenance  Data  Analysis   Craftsman.    He   was
voluntarily retired due to maximum time in grade on 1 May 00.  He served  20
years and 6 days on active duty.

His CRSC application was disapproved on 3 Jul 03 based upon  the  fact  that
although his DVA service-connected medical condition met the  mandatory  60%
rating, his condition was determined to be non-combat related.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states although his  records  reflect  he
was treated for various medical conditions throughout his  military  career,
nothing reflects his medical treatment was the direct  result  of  an  armed
conflict or caused by an instrumentality of war.  The  fact  that  a  member
may have incurred a medical condition during  a  period  of  war,  or  while
participating   in   combat   operations/training   exercises,   does    not
automatically support a  combat-related  determination.   There  must  be  a
definite causal relationship between the  armed  conflict  and  the  medical
condition.  No document  in  his  records  reflect  he  was  involved  in  a
simulated war scenario at the time of his back injury.

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 26  Sep
03 for review and comment within 30 days.  As of this date, this office  has
received no response.

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ADDITIONAL AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial.  His service medical  records
show that over the course of many years  he  developed  intervertebral  disc
disease of the spine with exacerbations of low back pain.  A  single  record
entry  indicates  he  strained  his  back  performing  lifting  at  work  in
September  1987  but  does  not  otherwise  provide  any  helpful   details.
Conflicting documentation regarding the mechanism  of  back  injury  at  the
time suggests a non-duty related back strain.  There is no evidence of  duty
related back injury in the remaining  medical  documentation.   Although  he
developed his condition while on active duty, he  was  fit  to  perform  the
duties of  his  grade  and  office  and  was  not  eligible  for  disability
compensation.  There is no evidence that show he incurred an  injury  during
conditions simulating war or from an instrumentality of war that led to  his
back  disease.   Although  his  duties  included  performing  duties  on  an
instrumentality of war, the occurrence of his reported back strain does  not
differ from those incurred under similar circumstances in  similar  civilian
pursuits.

The Medical Consultant Evaluation is at Exhibit E.

ODUSD(MPP)/Comp reviewed  the  applicant's  request  and  concurs  with  the
findings and recommendation of  the  BCMR  Medical  Consultant.   The  ODUSD
evaluation is at Exhibit F.

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APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

Copies of the  additional  Air  Force  evaluations  were  forwarded  to  the
applicant on 30 Jul 04 for review and comment within 30 days.   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.  After a thorough review of  the  available
evidence of record, it is our opinion  that  the  service-connected  medical
condition the applicant believes is combat-related was 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, does  not  qualify  for  compensation
under the CRSC Act.  We agree with the opinions and recommendations  of  the
Air Force offices of primary responsibility and  adopt  their  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.

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 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-2003-
02466 in Executive Session on 6 Oct 04, under  the  provisions  of  AFI  36-
2603:

      Mr. Thomas S. Markiewicz, Chair
      Mr. Michael V. Barbino, Member
      Ms. Martha A. Maust, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 23 Jul 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 28 Aug 03.
    Exhibit D.  Letter, SAF/MRBR, dated 26 Sep 03.
    Exhibit E.  Letter, BCMR Medical Consultant, dated 17 Nov 03.
    Exhibit F.  Letter, ODUSD(MPP)/Comp, dated 22 Jul 04.
    Exhibit G.  Letter, SAF/MRBC, dated 30 Jul 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair