RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-04034
            INDEX CODE:  108.07
            COUNSEL:  NONE

            HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His service-connected medical condition, degenerative  arthritis  of  L5-S1,
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 flew for 14 years as a flight mechanic.  He was grounded at  Chanute  AFB
after he could not  pass  a  flight  physical  and  cross-trained  into  the
Maintenance Control field.  He twice hurt his back.  There was  no  hospital
or doctors, only a nurse.

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.

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STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air  Force  on  8
Jun 49 and was progressively promoted to the grade  of  technical  sergeant,
having assumed that grade effective and with a date of rank  of  1  Dec  63.
He served as an Aircraft Mechanic.  On 30 Jun  69,  he  voluntarily  retired
for years of service.  He served 20 years and 23 days on active duty

His CRSC application was denied on 29 Oct 03 based on the fact that none  of
his service-connected disabilities were determined to be combat-related.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states his records  reflect  his  initial
back problem was the result of twisting his back in  1957  while  attempting
to lift an auxiliary power unit.  His CRSC application  states  his  initial
injury occurred while working on a C-47 aircraft when a steel rod broke  and
a co-worker fell on him injuring his back.  Another incident  occurred  when
an auxiliary power unit was being lowered  on  a  C-119  aircraft  when  the
cargo strap came  loose  and  the  unit  fell  on  him,  hurting  his  back.
Injuries sustained by working on military aircraft where the injury was  not
caused by the device itself, but instead are the result  of  errors  or  bad
judgment are unfortunate but  are  not  considered  combat-related  for  the
purpose of qualifying for CRSC benefits.  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 26  Mar
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 duties as an aircraft mechanic are not classified as  hazardous  duty
under the criteria  for  CRSC.   He  worked  as  an  aircraft  mechanic  and
developed recurrent and chronic low back pain  with  degenerative  arthritis
following a back injury  incurred  in  1957  while  attempting  to  lift  an
auxiliary power  unit.   Although  his  duties  included  maintenance  on  a
military aircraft, the occurrence of his reported  injury  does  not  differ
from  those  incurred  under  similar  circumstances  in  similar   civilian
pursuits.  There is no evidence in the record  that  his  service  connected
disabilities were incurred as a  direct  result  of  armed  conflict,  while
engaged in hazardous service, while engaged in performance of  duties  under
conditions simulating war, or as a result  of  an  instrumentality  of  war.
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-
04034 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 14 Jan 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 18 Mar 04.
    Exhibit D.  Letter, SAF/MRBR, dated 26 Mar 04.
    Exhibit E.  Letter, BCMR Medical Consultant, dated 10 Aug 04.
    Exhibit F.  Letter, SAF/MRBC, dated 19 Oct 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair