RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02824
            INDEX CODE:  108.07
            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His  service-connected  medical  conditions,  ruptured  disc  and  traumatic
arthritis of the back, be assessed as combat related  in  order  to  qualify
for compensation under the Combat Related Special Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was working directly on an instrumentality of war,  an  F4  aircraft,  at
the time  his  disability  condition  occurred.   The  aircraft  were  being
rotated in and out of Southeast Asia,  to  include  Vietnam.   His  ruptured
disc  and  traumatic  arthritis  are  a  direct  result  of  working  on  an
instrumentality of war during a combat period.  Before he ruptured the  disc
in his lower back he did not have any  serious  back  problems.   After  the
disc healed itself, the trouble continued to get worse.   In  spite  of  the
medication he is taking, he fights pain and muscle spasms on a daily  basis.


In support of his request,  applicant  provided  a  personal  statement  and
documentation associated with his denial of request for CRSC benefits.   His
complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force  on  24
Feb 66.  He was progressively promoted to the grade of  technical  sergeant,
having assumed that grade effective and with a date of rank  of  1  Aug  80.
He served as an Aircraft  Pneudraulic  Repairman,  a  Reports  and  Analysis
Specialist,  and  as  a  Vehicle  Maintenance  Controller.   He  voluntarily
retired from the Air Force on 1 Mar 86, having served 20 years  and  7  days
on active duty.

Current Department of Veterans Affairs (DVA) records reflect  a  compensable
disability rating of 60% for degenerative joint disease,  lumbosacral  spine
with rediculopathy.

His CRSC application was disapproved on 25 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 the applicant's contention at  the
time of his original CRSC application was that he  injured  his  back  while
loading a toolbox in the bed of a pickup truck.  A pickup is not  considered
an instrumentality of war.  CRSC policy concerning these types of  cases  is
that the records must show a definite causal relationship between the  armed
conflict and the medical condition.  A review of the  limited  records  made
available failed to  show  a  combat-related  condition  resulting  from  an
instrumentality of war.  His medical condition for  traumatic  arthritis  is
service-connected and should  be  compensated  by  the  DVA  as  such.   The
applicant does not appear to  understand  the  difference  between  service-
connected and combat-related  conditions.   The  preponderance  of  evidence
made available does not  appear  to  fall  under  hazardous  service/combat-
related categories but, rather,  normal  duties  performed  as  a  hydraulic
technician.  The DPPD evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 21  Nov
03 for review and comment within 30 days.  As of this date, this office  has
received no response.

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

The BCMR Medical  Consultant  recommends  denial.   The  Medical  Consultant
states the applicant's medical records contain an entry dated 13 Nov 70  for
low back pain incurred lifting  an  80  lb.  toolbox.   The  entry  notes  a
history of  back  strain  in  the  past.   A  follow-up  visit  entry  noted
recurrent low back pain that existed prior to service.  On  29  May  72,  he
reinjured his back while changing a tire on  his  privately  owned  vehicle.
Over the remainder of his career he  experienced  recurring  low  back  pain
associated with  a  herniated  intervertebral  disc.   His  service  medical
record does not contain evidence that his service-connected  back  condition
makes him eligible for the CRSC program.  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.

_________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

Copies of the  additional  Air  Force  evaluations  were  forwarded  to  the
applicant on 28 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
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.

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-
02824 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 14 Aug 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 12 Nov 03.
    Exhibit D.  Letter, SAF/MRBR, dated 21 Nov 03.
    Exhibit E.  Letter, BCMR Medical Consultant, dated 18 Feb 04.
    Exhibit F.  Letter, ODUSD(MPP)/Comp, dated 21 Jul 04.
    Exhibit G.  Letter, SAF/MRBC, dated 28 Jul 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair