RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02830
            INDEX CODE:  108.07
            COUNSEL:  NONE

            HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

All of his  service-connected  medical  conditions  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:

He served as an airborne gunner on the AC-130H gunship for 16 years and  had
approximately  4,000   flying   hours.    All   of   his   service-connected
disabilities are gunship related.

In support of his request, applicant provided documentation associated  with
his Department of Veterans Affairs (DVA) rating decision  and  his  DD  Form
214.  His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force  on  23
Apr 75.  He was progressively promoted to  the  grade  of  master  sergeant,
having assumed that grade effective and with a date of rank  of  1  Jun  93.
He  served  as  an  Aircraft  Armament  Systems  Craftsman,   Aircrew.    He
voluntarily retired from the Air Force on 1 May 95.  He served 20 years  and
7 days on active duty.

Current Department of Veterans Affairs  (DVA)  records  reflect  a  combined
compensable disability rating of 100% percent for his unfitting  conditions.


His CRSC application  was  considered  on  3  Aug  03  and  he  was  awarded
compensation for  his  Post-Traumatic  Stress  Disease  (PTSD)  at  70%  and
impaired hearing at 0%.  His remaining service-connected medical  conditions
were not determined to be combat-related.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states his back pain, limited  motion  of
the cervical and  thoriacic  spine,  radiculopathy  leg  weakness,  and  his
degenerative arthritis of the shoulder, right and left knees are all due  to
sports injuries he sustained throughout his military career.  None of  these
disabilities are considered  to  be  the  result  of  combat  related  acts,
instrumentality of war, or due to hazardous service.  There is no record  on
any particular injury that could account for the onset of his back  pain  or
his limited motion of the cervical and thoriacic spine other than his  claim
of heavy lifting  of  munitions  and  being  bounced  around  while  in  the
gunship.  He had a surgical procedure on his back  and  hip  for  the  lysic
lesions.  His chronic sinusitis and bronchitis are  considered  to  be  non-
combat related.  Although his  hearing  loss  is  well  documented  as  high
frequency hearing loss, with  no  record  of  tinnitus  occurring  while  in
service.  His PTSD qualifies him for CRSC.

The fact he may have been incurred a medical condition during  a  period  of
war or while participating in combat  operation/training  exercises  is  not
sufficient to support a combat-related determination.  Records must  show  a
definite causal relationship between the combat  training  and  the  medical
condition.   A  review  of  his  record  failed  to  show  a  combat-related
connection/hazardous service or due to an instrumentality of war for all  of
his service connected conditions except for PTSD and hearing loss.
The DPPD evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluations was forwarded to the applicant on 5  Mar
04 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.   The  Medical  Consultant
states his service medical records do not  support  a  conclusion  that  the
various medical conditions qualify for  CRSC.   There  is  no  evidence  his
degenerative arthritis of joints and spine was directly caused by  an  armed
conflict, hazardous service, conditions simulating war, or  instrumentality.
 His service medical record shows recurrent sports  injuries  of  the  knee,
back, and shoulder.  Evaluations of his spine (back, neck)  pain  documented
an absence of an inciting trauma.   There  are  no  service  medical  record
entries for injuries incurred during combat, conditions  simulating  combat,
aerial flight of due to an instrumentality of  war.   Chronic  sinusitis  is
not caused by aerial flight.
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 2 Sep 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.

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.

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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.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2003-
02830 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 19 Aug 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 23 Feb 04.
    Exhibit D.  Letter, SAF/MRBR, dated 5 Mar 04.
    Exhibit E.  Letter, BCMR Medical Consultant, dated 22 Jul 04.
    Exhibit F.  Letter, ODUSD(MPP)/Comp, not dated.
    Exhibit G.  Letter, SAF/MRBC, dated 2 Sep 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair