RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02874
            INDEX CODE:  108.07
            COUNSEL:  DAV

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical  conditions,  lumbar-thoriacic  stenosis  with
degenerative arthritis and cervical spine stenosis, be assessed  as  combat-
related in order to  qualify  for  compensation  under  the  Combat  Related
Special Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His medical records do not correctly reflect his injuries received while  he
was in Vietnam.

In support of his request,  applicant  provided  a  personal  statement  and
documentation extracted from his medical records. His  complete  submission,
with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force  on  19
Sep 61.  He was progressively promoted to the grade of  technical  sergeant,
having assumed that grade effective and with a date of rank  of  1  Dec  77.
He served as a Construction Equipment Technician during his career.  He  was
stationed in Vietnam from November 1965 through November  1966,  and  served
on a temporary duty in Vietnam in  October  1967.   He  voluntarily  retired
from the Air Force on 1 Oct 81, having  served  20  years  and  12  days  on
active duty.

Current Department of Veterans Affairs  (DVA)  records  reflect  a  combined
compensable disability rating of 70% percent for his  unfitting  conditions,
with entitlement to pay at the 100% rate due to Individual  Unemployability.


His  CRSC  application  was  disapproved  on  23  Jul  03  based  upon   the
preponderance of evidence that  none  of  his  service-connected  conditions
were determined to be combat related.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states 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
(trauma) between the armed conflict and the medical condition.  In order  to
qualify for CRSC, the injury must have been caused by a single  acute  event
and not have happened over a period  of  time.   A  review  of  his  records
failed  to  show  a  combat-related  connection  for  his  service-connected
injury.  The preponderance of evidence made available  does  not  appear  to
fall under the hazardous service/combat  related  categories,  but,  rather,
normal  duties   performed   during   the   completion   of   his   military
responsibilities.

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 21  Nov
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  recommends  denial.   The  Medical  Consultant
states the applicant sustained a low back strain while on temporary duty  in
Vietnam.  There is no evidence there was any hostile enemy activity  at  the
time of his injury that supports his contention.  The preponderance  of  the
evidence does not support the applicant's request.

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.

_________________________________________________________________

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.

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-
02874 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 18 Aug 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 6 Nov 03.
    Exhibit D.  Letter, SAF/MRBR, dated 20 Nov 03.
    Exhibit E.  Letter, BCMR Medical Consultant, dated 14 Jan 04.
    Exhibit F.  Letter, ODUSD(MPP)/Comp, dated 21 Jul 04.
    Exhibit G.  Letter, SAF/MRBC, dated 30 Jul 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair