RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03103
            INDEX CODE:  108.07
            COUNSEL:  NONE

            HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His service-connected medical condition, intervertebral  disc  syndrome,  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:

All of his disabilities are service-connected and at the present  time.   He
is  rated  by  the  Department  of  Veterans  Affairs  (DVA)  at   80%   and
unemployable.

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 served in the Army Reserves and the Regular Army from  14  Jan  57
to 6 May 67.  He enlisted in the Regular Air Force on 14  Sep  67.   He  was
progressively promoted to the grade of master sergeant, having assumed  that
grade effective and with a date of rank of 1 Jun 73.  He served  a  tour  in
Vietnam while in the Air Force and he served a tour while in the  Army.   He
voluntarily retired from the Air Force on 1 May 78, having served  20  years
and 14 days on active duty.

His CRSC application was disapproved on 15 Aug 03 based upon the  fact  that
his DVA service-connected medical conditions did not meet the mandatory  60%
combat-related disability rating.  On 26 Jan 04, he was authorized CRSC  for
his impaired hearing which is rated at 10%.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states his Spinal Disc condition  is  not
considered to be the result of combat related acts, instrumentality of  war,
or due to hazardous service.  On 25 Jun 74, he claimed he did  not  remember
any particular injury that could account for the onset  of  back  pain.   It
was noted at the time that he had a history of an injury to the back in  the
1950s  but  had  recovered  from  it.   He  claimed  on  his  original  CRSC
application that he was caught between two  vehicles  during  maneuvers  and
had fallen from a helicopter while performing maintenance in a combat  area.
 There is no  documentation  of  such  injuries  and  physical  examinations
during the 1950s and 1960s do not show such  injuries.   Injuries  sustained
by either falling/slipping 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 CRSC eligible.  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  his
service medical record failed to show his  Spinal  Disc  Injury  to  be  the
direct result of an armed conflict,  hazardous  service,  or  caused  by  an
instrumentality of war.

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  6  Feb
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 the fact that the disability was incurred during a military  exercise
or while participating in an exercise is not sufficient to support a combat-
related  determination.   There  must  be  a  definite  causal  relationship
between those unique  aspects  of  the  exercise  that  simulate  conditions
comparable to combat, in the  same  way  that  actual  armed  conflict  must
directly cause the disability.  The evidence in the service record does  not
support conclusion that his interverbral disc  syndrome  qualifies  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.

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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 28 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
condition the applicant believes is combat-related was 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, does  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.

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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-
03103 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 11 Sep 03, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 20 Jan 04.
    Exhibit D.  Letter, SAF/MRBR, dated 6 Feb 04.
    Exhibit E.  Letter, BCMR Medical Consultant, dated 25 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