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AF | BCMR | CY2004 | BC-2004-00102
Original file (BC-2004-00102.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00102
            INDEX CODE:  108.07
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

His spinal disc condition deteriorated over time but was initially  incurred
when he was accidentally knocked down some stairs during  the  Vietnam  War.
His tinnitus was incurred while on  duty  as  a  radio  operator  monitoring
Russian signals and his frequency was jammed.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force  on  14
Jun 60 and was progressively promoted to the grade  of  technical  sergeant,
having assumed that grade effective and with a date of rank  of  1  Jul  77.
He served as a Telecommunications Operator and a Diet Therapist.  On 30  Jun
80, he voluntarily retired for years of service.  He served 20 years and  16
days on active duty

His CRSC application was disapproved on 23 Dec 03 based upon the  fact  that
his service-connected medical condition was determined  not  to  be  combat-
related.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD  recommends  denial.   DPPD  states  he  injured   his   back   by
accidentally falling down a flight of stairs.   There  is  no  other  record
that could account for his back problems.  His spinal disc condition is  not
considered to be the result of combat-related acts, instrumentality  of  war
or due to hazardous service.  A number of factors may contribute to  hearing
loss although his claim of constant exposure to noise as  a  radio  operator
does not qualify him for CRSC under the stringent guidelines of  Public  Law
107-314.  The fact that a medical  condition  may  have  incurred  during  a
period of war or while participating in combat operation/training  exercises
is not sufficient to support a combat-related determination.

The DPPD evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 21  May
04 for review and comment within 30 days.  As of this date, this office  has
received no response.

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

The BCMR Medical  Consultant  recommends  denial.   The  Medical  Consultant
states 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, under  conditions  simulating  war,  or  as  a
result of an instrumentality of war.  His fall down a flight of stairs  does
not qualify as armed conflict of conditions simulating war.  His duty  as  a
radio operator does not qualify as hazardous duty.

The Medical Consultant Evaluation is at Exhibit E.

_________________________________________________________________

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.

_________________________________________________________________

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.

_________________________________________________________________

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-2004-
00102 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 7 Jan 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 14 May 04.
    Exhibit D.  Letter, SAF/MRBR, dated 21 May 04.
    Exhibit E.  Letter, BCMR Medical Consultant, dated 10 Aug 04.
    Exhibit F.  Letter, SAF/MRBC, dated 19 Oct 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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