RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03824
            INDEX CODE:  108.07
            COUNSEL:  NONE

            HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His service-connected medical conditions, spinal  disc  condition  and  nose
deflection,  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:

In 1983, while participating in an Operational  Readiness  Inspection  (ORI)
under simulated war conditions, he slipped on the tarmac where the  aircraft
was parked while pulling an electric generator and fell  on  his  nose.   In
1984,  while  participating  in  Operation  Accurate  Test,   a   classified
deployment to Cairo, Egypt he  was  assigned  to  an  aircraft  transporting
Egyptian troops to aid Sudan in response  to  a  bombing  by  Libya.   While
responding to an engine start malfunction,  he  injured  his  back  and  was
later diagnosed with spinal disc condition.

In support of his  request,  applicant  provided  personal  statements,  and
documentation associated with his CRSC  denial.   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  5
Nov 76.  He was progressively promoted to  the  grade  of  master  sergeant,
having assumed that grade effective and with a date of rank  of  1  Oct  95.
He served as an Aerospace Maintenance Craftsman.  He voluntary retired  from
the Air Force on 30 Nov 00, having served 24 years and  26  days  on  active
duty.

His CRSC application was disapproved on 30 Oct 03 based upon the  fact  that
his service-connected medical conditions were determined not to  be  combat-
related.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states his  nose  deflection  and  spinal
disc condition are not the result of combat  related  acts,  instrumentality
of war or due to hazardous service.  He was treated for a fall on 6  Jul  83
after he claimed he slipped on a curb-stop and hit  his  nose  and  forearm.
Injuries sustained  by  either  falling,  slipping  off,  or  working  on  a
military device where the injury was not caused by the device itself but  by
error/misjudgment are not considered to be eligible for CRSC.   His  records
verify he was involved on a deployment to Egypt supporting an operation  and
that he was involved in an ORI.   There  is  no  record  of  any  particular
injury that could account for the onset of his back pain.  He complained  of
lower back pain in April 1984 and was diagnosed with sciatica.   His  spinal
disc condition is considered  to  be  non-combat  related  as  there  is  no
history of any fall or injury, just a lumbar sprain/strain.

The DPPD evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states  his  injuries  occurred  during  training  operations  and
according to CRSC  criteria  he  is  eligible  for  compensation  since  the
injuries were incurred  during  an  ORI  and  while  deployed  to  Egypt  to
participate in Operation Accurate Test.  Assessment of his  injury  occurred
upon his return to Dover AFB, DE.  Spinal disc  condition  is  an  incorrect
diagnosis.  The DVA diagnosed his condition as chronic lumbar  disc  disease
with sciatica syndrome and his  records  should  be  corrected  accordingly.
His complete response, with attachments, is at Exhibit E.

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ADDITIONAL AIR FORCE EVALUATION:

The BCMR Medical  Consultant  recommends  denial.   The  Medical  Consultant
states the fact that a member incurred a disability during a period  of  war
or in an area of armed conflict or while participating in combat  operations
is not sufficient to support a combat-related determination.  There must  be
a definite causal relationship between the armed conflict and the  resulting
disability.  The fact  that  a  member  incurred  the  disability  during  a
military exercise or while participating in an exercise  is  not  sufficient
to support a combat-related determination.  There must be a definite  causal
relationship between the  unique  aspects  of  the  exercise  that  simulate
conditions comparable to combat and the disability  in  the  same  way  that
armed conflict must directly cause the disability.  Performance of  aircraft
maintenance related duties is not  sufficient  and  is  not  a  circumstance
unique to combat or conditions  of  war.   Tripping  and  falling  during  a
military exercise is not considered a circumstance that qualifies for  CRSC.
 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 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.  There is no evidence in  his  record
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, as  a  result  of  an
instrumentality of war, or other qualifying conditions.

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 10 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.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issues involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

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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-
03824 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 9 Nov 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 26 Feb 04.
    Exhibit D.  Letter, SAF/MRBR, dated 5 Mar 04.
    Exhibit E.  Letter, Applicant, dated 13 Mar 04, w/atchs.
    Exhibit F.  Letter, BCMR Medical Consultant, dated 5 Nov 04.
    Exhibit G.  Letter, SAF/MRBC, dated 10 Nov 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair