RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03782
            INDEX CODE:  108.07
            COUNSEL:  NONE

            HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His service-connected medical conditions, paralysis  of  left  ulnar  nerve,
limited flexion of knee, and left shoulder bursitis, 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:

His Department of Veterans Affairs  (DVA)  rating  codes  do  not  correctly
reflect that his injuries  are  combat-related  as  a  result  of  hazardous
service, flying aircraft.   His  nerve  damage  is  the  result  of  anthrax
inoculations received during mobility processing.

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

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STATEMENT OF FACTS:

Applicant was appointed a second lieutenant, Reserve of the  Air  Force  and
was voluntarily ordered to extended  active  duty  on  27 May  81.   He  was
progressively promoted to the grade of lieutenant  colonel,  having  assumed
that grade effective and with a date of rank of 1 Apr 98.  He  served  as  a
pilot aboard a variety of military aircraft.  He  voluntarily  retired  from
the Air Force on 31 Oct 01.  He served 20 years, 5 months,  and  4  days  on
active duty.

His CRSC application was approved  for  his  tinnitus  rated  at  10%.   His
remaining medical conditions were determined not to be combat related.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states the bursitis of his left  shoulder
occurred when he fell several  feet  to  the  ground  off  a  T-38  aircraft
driving his parachute shoulder strap and harness  release  into  his  collar
bone area.  When egressing from the back seat of hit T-38 aircraft, he  lost
his balance, slipped and twisted  his  left  knee.   While  these  incidents
involve military aircraft, the  injuries  were  not  caused  by  the  device
itself but are due to his error or misjudgment.  These disabilities fail  to
meet the established criteria under the provisions of  performance  of  duty
under conditions simulating war, instrumentality of war, actual  combat,  or
hazardous  service.   The  ulnar  nerve  injury  occurred  when  a   medical
technician improperly inserted a hypodermic needle towards the  backside  of
his arm piercing and  cutting  the  nerve  with  the  needle  and  injecting
anthrax serum in and around the nerve causing additional nerve damage.   The
injury clearly involves neither hazardous service or  some  type  of  combat
activity and is not sufficient justification  to  support  a  combat-related
determination.  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 20  Feb
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 aerial flight is defined as from the moment of takeoff to the  moment
of landing and does not include taxing or other  ground  activities  related
to flying.  His conditions were not incurred during aerial  flight.   Injury
by working on or  lifting  an  inanimate  military  device,  or  part  of  a
military device,  or  falling  off,  tripping  over  or  running  into  such
devices, is not considered as being actual functioning of the device in  its
intended purpose as an instrumentality of war, or as a result of its  unique
military design.  Injuring his knee and shoulder in  a  fall  while  exiting
the aircraft after completion of flying duties is not  a  circumstance  that
qualifies  for  the  CRSC  program.   The  anthrax   vaccine   is   not   an
instrumentality of war  but  a  defense  against  one.   Disability  due  to
residuals of infection by the anthrax  bacillus  employed  as  a  biological
weapon by a hostile enemy would qualify for CRSC.   The  Medical  Consultant
evaluation is at Exhibit E.

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APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on  3  Nov
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-
03782 in Executive Session on 23 Feb 05, 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 3 Nov 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 11 Feb 04.
    Exhibit D.  Letter, SAF/MRBR, dated 20 Feb 04.
    Exhibit E.  Letter, BCMR Medical Consultant, dated 3 Nov 04.
    Exhibit F.  Letter, SAF/MRBC, dated 3 Nov 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair