RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02870
            INDEX CODE:  108.07
            COUNSEL:  NONE

            HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His   service-connected   medical   conditions,   adult   onset    diabetes,
degenerative lumbar spine disease, and right knee,  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 has the required 60% combined disability rating to qualify  for  monetary
benefits authorized under the CRSC program.

In support of his request, applicant provided documentation associated  with
his denial of request for CRSC  benefits.   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  13
Feb 57.  He was progressively promoted to the grade of  technical  sergeant,
having assumed that grade effective and with a date of rank  of  1  Sep  73.
He served in Vietnam between December 1969 and December 1970.  He  voluntary
retired from the Air Force on 1 Mar 77, having served 20 years and  18  days
on active duty.

Current Department of Veterans Affairs (DVA) records reflect  a  compensable
disability  rating  of  40%  for  post  operative  lumbar  laminectomy  with
degenerative changes, 10% for right knee degenerative changes, and  10%  for
diabetes  mellitus  for  a  combined  compensable  rating  of  50%  for  his
unfitting conditions.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends  denial.   DPPD  states  none  of  his  conditions  are
considered  combat-related  with  the  exception  of  his  diabetes  due  to
exposure of Agent  Orange.   Percentages  are  not  added  to  determine  an
overall rating.  A combined rating table is used.  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  the
limited records made available failed to show  a  combat-related  connection
for two of his service-connected conditions.  The preponderance of  evidence
made  available  appears  to  show  normal  duties  performed   during   the
completion of his military responsibilities as a  crewmember  and  does  not
show a direct correlation to combat participation.  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 19  Dec
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 states the applicant's back  and  knee  problems
do not qualify for the CRSC program; however, his diabetes,  presumed  under
Title 38 to be service-connected due to Agent Orange, does qualify  him  for
CRSC.  There is no  evidence  the  applicant  incurred  his  knee  and  back
conditions as a direct result  of  combat,  hazardous  service,  or  as  the
direct result of performance of  duties  under  conditions  simulating  war.
Title 38, Section 1116, provides for the  DVA  to  grant  service  connected
disability benefits for certain diseases that  develop  after  service  that
may have been the result of exposure to  herbicides  (Agent  Orange)  during
service in Vietnam.  Veterans do not have to prove that Agent Orange  caused
their medical problems to be eligible for compensation under  this  law  and
the VA makes the presumption of exposure to Agent  Orange  for  all  Vietnam
veterans.  Provisions of  Title  38  that  presume  service  connection  for
certain diseases developing in Vietnam veterans apply to CRSC  unless  there
is evidence to refute the presumption. According to the March 22, 2002,  DVA
rating decision, he has been diagnosed with adult  onset  diabetes  and  has
been granted presumptive service-connection based on his service in  Vietnam
under the provisions of Title 38 and rated at 10  percent.   This  diagnosis
in  turn  presumptively  qualifies  as  a  condition  incurred  due  to   an
instrumentality of war under the CRSC program.  Under the provisions of  the
NDAA 2004 the applicant would likely be granted payments under CRSC for  his
service-connected diabetes presumed to be  due  to  the  instrumentality  of
war, Agent Orange.

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 29 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.  We have been made aware that  the  portion
of his request regarding his diabetes mellitus, Vietnam era  (Agent  Orange)
presumptive has been granted by the CRSC board and will be  administratively
corrected.  Therefore, the only issue to be decided is whether  or  not  his
post-operative   lumbar   laminectomy   with   degenerative   changes    and
degenerative changes, right  knee,  qualifies  for  compensation.   After  a
thorough review of the available evidence of record, it is our opinion  that
the  post  operative  lumbar  laminectomy  with  degenerative  changes   and
degenerative changes, right knee 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 with respect to these conditions.  In the absence of  evidence  to
the contrary, we  find  no  compelling  basis  to  recommend  granting  that
portion of 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-
02870 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 22 Aug 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 1 Dec 03.
    Exhibit D.  Letter, SAF/MRBR, dated 19 Dec 03.
    Exhibit E.  Letter, BCMR Medical Consultant, dated 20 Feb 04.
    Exhibit F.  Letter, ODUSD(MPP)/Comp, dated 21 Jul 04.
    Exhibit G.  Letter, SAF/MRBC, dated 29 Jul 04.




                             THOMAS S. MARKIEWICZ
                                             Chair