RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03390
            INDEX CODE:  108.07
            COUNSEL:  NONE

            HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His service-connected medical conditions,  neck  strain,  chronic  low  back
pain, hemorrhoids and impairment of  sphincter  control,  ingrown  toenails,
sinusitis, tinnitus, and hypertension, 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:

The CRSC board did not fully  review  all  of  his  submitted  documents  in
support of his claim.  The board only considered actual combat  disabilities
and did not consider his  disabilities  as  being  a  result  of  conditions
simulating war.

In support of his request applicant provided  a  copy  of  his  CRSC  denial
letter.  His complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 31 Aug 72 and  was  separated
on 14 May 80.  During that period he served as a Jet  Engine  Mechanic.   He
was appointed a second lieutenant, Reserve of the Air Force  on  15  May  80
and was progressively promoted to the grade of captain, having assumed  that
grade effective and with a date of rank of 15 May 84.   During  that  period
he served as a Maintenance Officer.  On  31  Aug  92,  he  was  retired  for
length of service.  He served 20 years and 1 day on active duty.

Current Department of Veterans Affairs  (DVA)  records  reflect  a  combined
compensable rating of 90% for his unfitting  conditions,  which  included  a
rating at 10% for tinnitus.  His CRSC application was disapproved on 23  Jul
03 based on the fact that his medical conditions were determined not  to  be
combat related.  However, based on the  Medical  Consultant's  determination
concerning his tinnitus, the CRSC board subsequently approved  his  tinnitus
with a rating of 10%.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states his neck strain  and  chronic  low
back pain were the result of an off-duty automobile accident and non-combat-
related.  His hemorrhoids were secondary to stress  and  since  job  related
stress is not considered unique to the military,  it  is  not  eligible  for
CRSC.  The impairment of sphincter control is secondary to  the  hemorrhoids
and would also be non-combat related.  There is no  documentation  that  the
sinusitis  was  caused  by  any  combat  related  act  and   there   is   no
documentation of tinnitus occurrence on active duty.  His  hypertension  was
due to elevated blood pressure treated with medication, but  not  caused  by
combat related acts.  The preponderance of evidence made  available  appears
to show normal duties  performed  during  the  completion  of  his  military
duties as an Assistant Maintenance Supervisor, and does not  show  a  direct
correlation to combat operations.

The DPPD evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states his neck strain and chronic low back pain is a result of  a
vehicle accident while driving from a military exercise to home.  A line-of-
duty  determination  found  his  injuries  to   be   in-line-of-duty.    His
hemorrhoids and impairment  of  sphincter  control  was  a  result  of,  and
aggravated by working the long hours  of  Operational  Readiness  Exercises.
His  ingrown  toenail  was  a  result  of  negotiating  leadership  reaction
exercises at Officer's Training School.  The sinusitis occurred  during  his
many operational deployments as a  maintenance  officer  on  flight  status.
his tinnitus is a result of being around aircraft during  his  20  years  of
service, including many exercises  he  participated  in.   His  hypertension
definitely  occurred  during  Operational   Readiness   Inspections.    This
condition happened to many in key and leadership conditions.  He  should  be
given the benefit of the doubt that his service conditions were more  likely
developed during military exercises, than not.

In support of his response, applicant  provided  a  personal  statement,  an
internet  printout,  and  an  OPM  Form  813,  Verification  of  a  Military
Retiree's Service in Nonwartime  Campaigns  of  Expeditions.   His  complete
response, with attachments, is at Exhibit E.

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ADDITIONAL AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends approval of the  applicant's  request
for compensation for tinnitus and denial of the remainder  of  his  request.
The Medical Consultant states disabilities that are incurred as  the  direct
result of performance of duties under conditions simulating war may  qualify
for CRSC.  However, the fact that a member incurred the disability 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 and the disability  in  the  same  way  that
actual  armed  combat  must  directly  cause  the  disability.    His   back
condition, neck condition, sinusitis, hemorrhoids, impairment  of  sphincter
control, ingrown toenails, and hypertension  were  unrelated  to  conditions
simulating war and were not caused by conditions simulating war.

He did develop high frequency hearing loss while on active  duty  attributed
to chronic loud noise exposure working on the flightline  as  a  jet  engine
mechanic and aircraft maintenance  officer.   There  is  documentation  that
shows a complaint of tinnitus associated with his  flightline  duties.   His
hearing loss is rated at zero percent and does no qualify for CRSC.

The Medical Consultant evaluation is at Exhibit F.

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APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy  of  the  additional  Air  Force  evaluation  was  forwarded  to  the
applicant on 19 Oct 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 with exception to  his  tinnitus,
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.

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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-
03390 in Executive Session on 14 Dec 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 28 Jul 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 8 Jan 04.
    Exhibit D.  Letter, SAF/MRBR, dated 16 Jan 04.
    Exhibit E.  Letter, Applicant, dated 29 Jan 04, w/atchs.
    Exhibit F.  Letter, BCMR Medical Consultant, dated 24 Sep 04.
    Exhibit G.  Letter, SAF/MRBC, dated 19 Oct 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair