RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02532
            INDEX CODE:  108.07
            COUNSEL:  NONE

            HEARING DESIRED:  Not Indicated

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APPLICANT REQUESTS THAT:

His service-connected medical conditions, lumbosacral strain with  herniated
disc disease at L5-S1 and chronic right shoulder  impingement  syndrome,  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 conditions were the result of an injury  he  incurred  while  lifting  a
manhole cover during an Alert exercise at Bitburg AB,  Germany.   From  that
instant he has suffered constant back and shoulder pain.   An  MRI  was  not
done until years later and it was then discovered that  his  pain  was  more
than sore muscles.  Everything that was done at Bitburg was  in  preparation
for war with the Soviets.  His complete submission, with attachment,  is  at
Exhibit A.

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STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air  Force  on  1
Nov 68.  He was progressively promoted to the grade of  technical  sergeant,
having assumed that grade effective and with a date of rank  of  1  Feb  87.
He served as a Combat Control Helper, as an  Aircraft  Control  and  Warning
Systems  Technician,  and  a  Cable  Splicing  Specialist.   He  voluntarily
retired from the Air Force for years of service on 1 Feb 89,  having  served
20 years and 3 months on active duty.

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

His CRSC application was disapproved on 11 Jul 03 based upon the  fact  that
none of his service-connected  medical  conditions  were  determined  to  be
combat-related or received during simulated war conditions/exercises.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends  denial.   DPPD  states  although  he  as  treated  for
various medical conditions  throughout  his  career,  nothing  reflects  his
service-connected conditions were the direct result of an armed conflict  or
caused by an instrumentality of war.  The fact that a  member  may  incur  a
medical condition  during  a  period  of  war  or  while  performing  combat
operations  is  not  sufficient  evidence  to   support   a   combat-related
determination.  Military records must show a  definite  causal  relationship
between the armed conflict and the  medical  condition.   A  review  of  his
records  failed  to  show  a  combat-related  connection  for  his  service-
connected injury.  His contention that he hurt  his  back  while  opening  a
simulated destroyed manhole  has  no  direct  causal  connection  to  combat
activity.   It  is  an  injury  resulting  from  heavy  manual  labor.   His
retirement physical shows he  was  qualified  for  worldwide  duty  with  no
disqualifying physical profiles.

The DPPD evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reiterates that he was injured while participating in an Alert  at
Bitburg.  The DVA determined that  he  suffered  with  chronic  debilitating
pain from the instant he was injured and that the  injury  precipitated  his
current condition.  If an MRI had been done after  his  initial  injury,  it
would have been known then that he had damaged  discs  and  not  lumbosacral
strain or muscle strain.  With the improper diagnosis, his supervisor  would
not let him off work.  He had no choice but to work no matter how much  pain
he was in.  It  was  not  until  his  collapse  in  1996  that  the  correct
diagnosis was made.

In support  of  his  response,  applicant  provided  a  personal  statement,
letters from his spouse  and  child,  and  a  document  extracted  from  his
medical record.  His complete response, with attachments, is at Exhibit E.

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ADDITIONAL AIR FORCE EVALUATION:

The BCMR Medical  Consultant  recommends  denial.   The  Medical  Consultant
states in September 1982, he  sought  care  for  mid  low  back  pain  after
digging.  His next entry for back pain was on 21 Mar 85 when he sought  care
for low back pain incurred while lifting a manhole cover.  He was  diagnosed
with lumbar strain and appropriately  treated  with  rest,  medication,  and
physical therapy.  On 11 Apr 85, he sought care for twisting  his  back  two
days earlier.  No details of  the  mechanism  of  the  injury  are  evident.
There are no further service medical  record  entries  for  back  pain.   In
October 1983, he sought care for right shoulder pain that began without  any
evidence of any trauma or  strain.   He  was  diagnosed  with  rotator  cuff
tendonitis.

There is no evidence he incurred an injury during conditions simulating  war
that directly and solely led to his back disease.  He experienced  recurrent
mild back strains while on active duty and continued to experience these  in
the years following his retirement.  His  duties  on  active  duty  are  not
classified as hazardous.  The occurrence of his reported  back  strain  does
not differ from those incurred under similar circumstances in non-combat  or
similar civilian pursuits.

The Medical Consultant Evaluation is at Exhibit F.

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 G.

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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.

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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 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.

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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-2003-
02532 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 25 Jul 03, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 22 Sep 03.
    Exhibit D.  Letter, SAF/MRBR, dated 3 Oct 03.
    Exhibit E.  Letter, Applicant, dated 10 Oct 03, w/atchs
    Exhibit F.  Letter, BCMR Medical Consultant, dated 3 Dec 03.
    Exhibit G.  Letter, ODUSD(MPP)/Comp, dated 21 Jul 04.
    Exhibit H.  Letter, SAF/MRBC, dated 30 Jul 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair