RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02696
            INDEX CODE:  110.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His records be corrected to include  the  details  of  the  injuries  he
received to his left hand and  both  feet  in  direct  support  of  the  war
effort.

2.   His  disability  ratings,  currently  assigned  by  the  Department  of
Veterans Affairs be retroactive to 1 Jul 71.

3.  His records be corrected to reflect that due  to  his  service-connected
disabilities, he would be seriously  handicapped  in  finding  suitable  and
meaningful employment.

4.  His records be corrected to reflect that during the period of June  1966
through August 1967 he traveled via classified military  orders  to  Vietnam
and the Philippines in direct support of the Vietnam War.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Records involving personnel with  top-secret  security  clearances  are  not
complete due to the nature of the missions and the requirements of  security
regulations in effect at the time.  While on  alert  duty  in  Guam  he  was
involved in two incidents.  In one incident, in August 1959, he  burned  his
left hand on an exhaust manifold of a ground power unit that  was  supplying
power  to  a  B-47  Bomber  he  was  loading.   In  the   second   incident,
approximately two months later, he fell out of the bomb-bay section of a  B-
47 onto the runway injuring his right hand and both feet.  As  a  result  of
the injury to his feet he was permanently excused  from  prolonged  walking,
marching, or standing.  He was granted 30% disability by the  DVA  effective
1 Jul 71.  His DVA rating was  updated  to  50%  effective  3  Mar  01.   He
believes the date is in error and should have been retroactive to 1  Jul  71
since his injury took place in 1959.

He was told by the DVA that his records do not reflect his  official  travel
into Vietnam and the Philippines.  He traveled on verbal orders often  going
and returning on the same day.

In support of his request, applicant provided a personal  statement,  photos
of  his  injuries,  documentation  associated  with  his  clearance  record,
documentation extracted from his medical records, email communiqués,  copies
of his ID cards, various documents from his personnel  records,  his  social
security statement, documentation associated with his DVA  rating  decision,
and a statement from his spouse.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force  on  12
Sep 50.  He was progressively promoted to the grade of  technical  sergeant,
having assumed that grade effective and with a date of rank  of  1  Jan  68.
On 30 Jun 71, he was voluntarily retired for length of service.   He  served
20 years and 29 days on active duty.

The following is a resume of the applicant's assignment history  during  the
timeframe in question:

Approximate thru Dates Place of Assignment   Duty Title

16 Feb 59 - 24 Mar 60  Anderson AFB, Guam    Nuclear Wpns Spec
25 Mar 60 - 10 Jun 66  Lowry AFB, CO    Instructor
11 Jun 66 - 01 Sep 67  Tainan AS, Taiwan     Munitions Control
15 Sep 67 - 30 Jun 71  Lowry AFB, CO    Instructor

DVA ratings decision documentation provided by  the  applicant  reflects  he
was assigned a rating of 50% for bilateral pes  planus,  with  an  effective
date of 5 Mar 01, and a  30%  rating  for  dupytrens  contractures,  second,
third, fourth, and fifth fingers, left hand, with an  effective  date  of  1
Jul 71.  He was  granted  an  individual  unemployability  rating,  with  an
effective date of 5 Mar 01.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical  Consultant  recommends  denial.   The  Medical  Consultant
states despite his injuries he continued to serve  in  his  specialty  until
his voluntary retirement for length of service.  Prior  to  his  retirement,
he requested and was denied evaluation by a medical evaluation  board.   The
disability evaluation system can only offer compensation for those  injuries
which specifically rendered a member unfit for continued service,  were  the
cause of termination of their career,  and  then  only  for  the  degree  of
impairment present at the time  of  separation.   The  mere  presence  of  a
condition does not qualify a member for disability evaluation.  He  incurred
his injuries approximately ten years before his retirement and continued  to
perform his duties in an exemplary fashion.

He also wants his injuries assessed as combat related in  order  to  qualify
for compensation under the Combat Related Special Compensation  (CRSC)  Act.
There is no documentation the applicant applied  for  and  has  been  denied
qualification for CRSC.  His injury resulting from burning his left hand  on
a generator does not qualify  for  CRSC.   An  injury  for  falling  off  an
airplane does not qualify for CRSC.  In order to qualify as a direct  result
of armed conflict, the disability must have been incurred  in  the  line  of
duty as a direct result of armed conflict.  The fact that a member  incurred
a disability during a period of war or an area of armed  conflict  or  while
participating in combat operations is not sufficient to  support  a  combat-
related  determination.   There  must  be  a  definite  causal  relationship
between the armed  conflict  and  the  resulting  disability.   The  Medical
Consultant evaluation is at Exhibit C.

AFPC/DPAPP2 recommends denial.  DPAPP2 states there are no  TDY  orders,  or
comments in his performance reports that make reference  to  aerial  flights
into and out of Vietnam.  He states his flights into Vietnam  were  verbally
directed by his  commander.   Air  Force  regulations  in  effect  than  and
current Instructions require verbal orders be confirmed in writing  as  soon
as possible.  The DPAPP2 evaluation is at Exhibit D.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant provided a copy of his AF  Form  7,  Airman  Military  Record  and
points out that the form reflects that  he  completed  the  Nuclear  Weapons
Training Course in 1953 and his first assignment was at Rushmore AFS, SD  in
1953.  The Medical Consultant's statement that he entered active duty as  an
air Policemen is not  true.   The  Medical  Consultant's  recommendation  is
unfair and outrageous.  He discounts the fact that for his  final  11  years
of service he was excused from standing, walking and  marching  due  to  his
service connected disabilities.  He reiterates that his 50%  disability  for
his feet should be retroactive to 1 Jul 71.

With respect to the DPAPP2 recommendation, applicant  states  he  flew  into
Vietnam as described in his original request.  He  filed  his  reports  with
his captain who reported directly to the group commander.  He does not  know
why either one of them failed to comply with  the  regulations.   He  should
not be punished and his  records  should  not  be  misleading  because  they
failed to complete the proper paperwork.

In an addendum to his response,  applicant  provided  a  copy  of  an  X-Ray
record dated July 1995, which documents fractured ribs  dated  back  to  his
accident in which his hands and feet were injured.   His  ribs  have  healed
and are no longer a problem but he is unaware what, if  any  other  internal
injuries may have occurred as a result of the fall.

His complete submissions, with attachments, are at Exhibit F.

_________________________________________________________________


THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was not timely filed; however, it is in the interest  of
justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of  error  or  injustice.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the case; however,  other  than
his own assertions, we find no documentary evidence which would confirm  his
contentions that he traveled into the Republic of Vietnam.  In  the  absence
of the  required  documents  we  find  no  plausible  basis  upon  which  to
recommend  the  amendment  of  his  military  records  to  reflect  that  he
performed duties in Vietnam.  We carefully considered his request  that  his
records be corrected to show  that  the  injuries  to  his  hands  and  feet
occurred during a period of  war  in  direct  support  of  the  war  effort.
However, we agree with the BCMR Medical  Consultant  with  respect  to  this
matter and further note that his injuries occurred in 1959, during a  period
of time when this country was not at war.  Therefore, we adopt the  opinions
and recommendations of the Air Force offices of  primary  responsibility  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.  Regarding his requests for correction  to  his  Department  of  Veterans
Affairs records, we must note that the authority of this  Board  is  limited
to the correction of Air Force records, thus action by this  Board  on  that
portion of his request is not possible.

_________________________________________________________________

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-
02696 in Executive Session on 6 May 04, under  the  provisions  of  AFI  36-
2603:

      Mr. Laurence M. Groner, Panel Chair
      Ms. Deborah A. Erickson, Member
      Ms. Sharon B. Seymour, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 11 Aug 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 24 Feb 04.
    Exhibit D.  Letter, AFPC/DPAPP2, dated 23 Mar 04.
    Exhibit E.  Letter, SAF/MRBR, dated 26 Mar 04.
    Exhibit F.  Letter, Applicant, dated 7 Apr 04, w/atchs




                                   LAURENCE M. GRONER
                                   Panel Chair