RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03841
            INDEX CODE:  108.07
            COUNSEL:  NONE

            HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His service-connected medical condition, spinal disc condition, 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 injured his back  in  Camrahn  Bay,  Vietnam.   He  herniated  his  discs
handling 500 lb bombs.  In any given day he  handled  over  250,000  lbs  of
munitions in support of the mission in Vietnam.  The therapy he received  at
the time consisted of orders to sleep on a sheet of plywood.

In support of his request,  applicant  provided  a  personal  statement  and
documentation  associated  with  his  previous  CRSC   determination.    His
complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant served in the Marines  from  4  Sep  53  through  3  Sep  57.   He
contracted his initial enlistment in the Regular Air Force on 27 Nov 57  and
was progressively promoted  to  the  grade  of  technical  sergeant,  having
assumed that grade effective and with a date  of  rank  of  1  Nov  67.   He
served as  a  Munitions  Maintenance  Specialist  and  a  Military  Training
Instructor.  On 30 Nov 73, he voluntarily retired for years of service.   He
served 27 years, 2 months, and 27 days on active duty

Current Department of Veterans Affairs  (DVA)  records  reflect  a  combined
compensable rating of 60% for his unfitting conditions.

His CRSC application was approved for Post Traumatic Stress  Disorder  rated
at 30% and Diabetes Mellitus rated at 20%.  His spinal  disc  condition  was
determined not to be combat-related.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states his  records  do  reflect  he  was
treated for lower back pain although it is not considered to be  the  result
of combat  related  acts,  instrumentality  of  war,  or  due  to  hazardous
service.  There is  no  record  of  any  particular  injury  received  while
handling munitions.  He was admitted to the hospital in March 1964  for  low
back pain incurred while lifting a 75 lb beam.  His diagnosis  at  the  time
was back strain.  Injuries sustained by falling/twisting or jumping  off  or
working on a military device where the  injury  was  caused  by  the  device
itself, but instead manual labor is not  a  combat  related  activity.   The
fact that a member may have incurred a medical condition during a period  of
war or while participating in combat  operation/training  exercises  is  not
sufficient evidence to support a combat-related determination.

The DPPD evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states he has no control over what documentation is  contained  in
his medical records.  He herniated his disc  handling  munitions  and  there
was no 75 lb beam involved.  There is no  comparison  whatsoever  between  a
herniated disc and a pulled muscle.  His pulled  muscle  is  the  result  of
handling tip tanks for fighter aircraft  at  Chili  Air  Base,  Turkey.   He
herniated his discs in Vietnam and was put on bed rest for two weeks.

In support of his response, applicant provided a personal statement,  copies
of documentation previously submitted, assignment orders,  his  Bronze  Star
order,  and  his  retirement   order.    His   complete   submission,   with
attachments, is at Exhibit A.

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ADDITIONAL AIR FORCE EVALUATION:

The BCMR Medical  Consultant  recommends  denial.   The  Medical  Consultant
states injuries by working on or lifting an inanimate  military  device,  or
part of a military device is not considered as being directly caused by  the
device itself.  In  order  to  qualify,  the  circumstances  would  have  to
involve the actual functioning of the device in its intended purpose  as  an
instrumentality of war, or as a result of its unique  military  design.   In
the case of munitions, accidental detonation  would  clearly  qualify.   His
service medical records document periodic  care  for  low  back  pain.   His
records indicate hospitalization for acute back strain in March 1964 due  to
lifting a "beam".  This appears to  be  the  most  significant  back  injury
event in the service medical record.  In August 1966,  he  experienced  back
pain unrelated to any specific trauma.

The Medical Consultant Evaluation is at Exhibit E.

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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  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-
03841 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 10 Nov 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 11 Mar 04, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 26 Mar 04.
    Exhibit E.  Letter, Applicant, not dated, w/atchs
    Exhibit F.  Letter, BCMR Medical Consultant, dated 7 Oct 04.
    Exhibit G.  Letter, SAF/MRBC, dated 19 Oct 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair