RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02963
            INDEX CODE:  108.07
            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was injured as a result of supporting training missions and  the  Vietnam
War itself.  He was a Pneudraulic Mechanic for B-52s and KC-135s.   He  went
to  Guam  from  August  1972  through  February  1973  working   on   B-52s.
Exigencies in Guam required fast service and quick turnaround  for  airborne
combat operations.  He injured his back  because  of  the  continuous  heavy
lifting working on the B-52s and KC-135s, which  were  instrumentalities  of
war.

In support of his request, applicant provided a personal statement,  a  copy
of his DD Form 214, documentation associated with his  CRSC  application,  a
website printout, 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  13
Sep 71.  He was progressively promoted to  the  grade  of  master  sergeant,
having assumed that grade effective and with a date of rank  of  1  Jan  91.
He served as an Aircraft Pneudraulic Repairman and in 1974 he  cross-trained
and became a Maintenance Scheduler.  He voluntarily  retired  from  the  Air
Force on 1 Oct 95.  He served 24 years and 18 days on active duty.

Current Department of Veterans Affairs (DVA)  records  reflects  a  combined
compensable disability rating of 70% percent for his  unfitting  conditions,
which includes a rating of 60% for lumbar degenerative disc disease.

His CRSC application was disapproved on 28 Jul 03 and 19 Sep 03  because  on
the preponderance of evidence that his service-connected medical  conditions
were not determined to be combat-related.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states he was treated for  back  pain  in
August 1972 and in November 1973, during which  it  was  determined  he  had
Chronic Lumbar Sacral Sprain  Syndrome.   He  claimed  his  injury  occurred
while lifting heavy equipment and climbing on and off aircraft.  He was  put
of profile and recommendation was made that he cross train into a desk  type
job.  Injuries sustained by falling off or  working  on  a  military  device
where the  injury  was  not  caused  by  the  device  itself,  but  instead,
error/misjudgment, are not considered to  be  combat  related.   The  injury
occurred while doing his normal duties in lifting equipment and climbing  up
and down the aircraft.  There is no documentation that his condition is  the
direct result of armed conflict, hazardous service,  or  instrumentality  of
war, rather than normal wear and tear from other routine causes/exposure  of
his  physical  makeup  after  20  years  of  military  service.   The   DPPD
evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states he was supporting the war directly and indirectly  when  he
incurred his injury.  There was no error or misjudgment  on  his  part.   He
was following orders from his superiors and the Technical Order.   His  back
problems have continued since the initial acute injury as supported  by  his
medical records.  He was changing a brake on a B-52  when  he  incurred  his
injury and has been receiving medical care ever since.   The  B-52s  he  was
working on were flying missions supporting the Vietnam War.

In  support  of  his  response,  applicant  provided  personal   statements,
documentation associated with his CRSC application, document extracted  from
his  personnel  records,  and  documentation  extracted  from  his   medical
records.  His complete response, with attachments, is at Exhibit E.

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

The BCMR Medical  Consultant  recommends  denial.   The  medical  consultant
states in order to meet the instrumentality of war criteria, there  must  be
a direct causal relationship between the  instrumentality  of  war  and  the
disability and such use or occurrence differs from  the  use  or  occurrence
under similar circumstances  in  civilian  pursuits.   Although  his  duties
included performing  maintenance  work  on  instrumentalities  of  war,  the
occurrence of his reported back strain does not differ  for  those  incurred
under  similar  civilian  pursuits.    Disabilities   resulting   from   the
performance of maintenance  duties  on  instrumentalities  of  war  are  not
considered eligible  for  CRSC.   Further,  the  subsequent  development  of
degenerative disc disease over the several years following his duties  as  a
pneudraulic  mechanic  was  associated  with  the  natural  progression   of
degenerative disease of  the  spine  and  usual  wear  and  tear  of  normal
occupational and leisure activities.  His  medical  documentation  finds  no
single reference to a single injury that alone could  be  considered  severe
enough to be the sole direct cause of his subsequent lumbar  spine  disease.
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.

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APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

Applicant reiterates, amongst other things, that his  back  injury  occurred
on the flightline at Carswell AFB, TX changing a brake on  a  B-52  aircraft
supporting the Vietnam War and training missions.  His  disc  in  his  lower
back is pressing against nerves and he has permanent nerve damage  from  his
lower back down to his toes.  The Medical Consultant referred to one of  his
medical entries relating to his back pain  but  did  not  mention  his  many
other  entries.   His  diagnosis  of  degenerative  disc  disease  was   not
mentioned until  20  years  after  he  incurred  the  injury.   The  Medical
Consultant makes mention of sports injuries.  His injuries to his right  arm
and foot, which required medical attention,  were  incurred  while  coaching
flag football.  He did not  participate  in  the  basketball  program  while
stationed at Eglin AFB, FL.  In an amended response, applicant  states  that
the brakes on the B-52H models weigh 350 pounds.  His  weight  at  the  time
was approximately 160 pounds.

In support of his response, applicant  provided  a  personal  statement  and
copies of previously submitted documentation.  His complete  response,  with
attachments, is at Exhibit I.

_________________________________________________________________



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-
02963 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 2 Sep 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 18 Dec 03.
    Exhibit D.  Letter, SAF/MRBR, dated 9 Jan 04.
    Exhibit E.  Letter, Applicant, dated 19 Jan 04, w/atchs.
    Exhibit F.  Letter, BCMR Medical Consultant, dated 26 Jul 04.
    Exhibit G.  Letter, ODUSD(MPP)/Comp, not dated.
    Exhibit H.  Letter, SAF/MRBC, dated 2 Sep 04.
    Exhibit I.  Letter, Applicant, dated 6 Sep 04, w/atchs




                                   THOMAS S. MARKIEWICZ
                                   Chair