RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-04065
            INDEX CODE:  108.07
            COUNSEL:  NONE

            HEARING DESIRED:  NOT INDICATED

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APPLICANT REQUESTS THAT:

His   service-connected   medical   conditions,   spinal   disc   condition,
hemorrhoids, and high blood pressure,  be  assessed  as  combat  related  in
order  to  qualify  for  compensation  under  the  Combat  Related   Special
Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Applicant makes no contentions.

In support of his request, applicant provided documentation associated  with
his CRSC denial, and documents 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  15
Jun 61 and was progressively promoted to the grade of  staff  sergeant.   He
served as a Tactical  Aircraft  Maintenance  Specialist  and  a  Maintenance
Management Technician.  On 30 Jun 81, he voluntarily retired  for  years  of
service.  He served 20 years and 16 days on active duty

His CRSC application was disapproved on 19 Nov 03 based  on  the  fact  that
none of his service-connected  conditions  were  determined  to  be  combat-
related.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states  the  onset  of  his  back  injury
occurred in April 1969 when he twisted  his  back  playing  basketball.   He
continued to play sports and was eventually  admitted  to  the  hospital  in
July 1961 for laminectomy for a herniated disc at L-5-S1.  In 1970  when  he
worked for Hughes Aircraft as an Engineer, he had lumbar disc  surgery.   In
October 1975, he underwent hemorrhoidectomy.  Injuries sustained  by  either
falling/twisting or jumping off or working on a military  device  where  the
injury was not caused  by  the  device  itself  are  not  considered  to  be
eligible for CRSC.  Heavy manual labor is not  a  combat  related  activity.
His high blood pressure  was  due  to  treatment  for  stomach  trouble  and
treatment or diagnosis of hypertension was noted  on  his  medical  records.
Both disabilities are considered non-combat related.  Most of his  injuries,
including his knees, were due to  sports  activities  and  are  not  combat-
related.

The DPPD evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responded to the DPPD evaluation and indicated that  some  of  the
dates reflected on the evaluation are incorrect  and  because  of  such,  he
should receive CRSC.  His complete response is at Exhibit E.

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ADDITIONAL AIR FORCE EVALUATION:

The BCMR Medical  Consultant  recommends  denial.   The  Medical  Consultant
states the applicant did not participate in armed conflict  and  his  duties
did  not  qualify  as  hazardous  service.   Performance  of  his   aircraft
maintenance duties is not a circumstance  unique  to  combat  and  does  not
qualify as conditions simulating war.  He contends his  back  condition  was
caused by moving a heavy  bomb  pack  in  the  performance  of  his  duties.
Simple lifting or heavy labor is not sufficient and is  not  a  circumstance
unique to combat or  conditions  simulating  combat.   His  service  medical
records document low  back  pain  attributed  to  a  sports  injury  and  no
references are found that  would  support  a  determination  that  his  back
condition was directly caused by an instrumentality of war.

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  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.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2003-
04065 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 2 Dec 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 22 Mar 04.
    Exhibit D.  Letter, SAF/MRBR, dated 2 Apr 04.
    Exhibit E.  Letter, Applicant, dated 13 Apr 04.
    Exhibit F.  Letter, BCMR Medical Consultant, dated 13 Oct 04.
    Exhibit G.  Letter, SAF/MRBC, dated 19 Oct 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair