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AF | BCMR | CY2005 | BC-2004-00309
Original file (BC-2004-00309.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00309
            INDEX CODE:  108.07
            COUNSEL:  NONE

            HEARING DESIRED:  Not Indicated

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He and two others were carrying an 800lb water pump.  They slipped and  fell
and the water pump was  dropped  on  him.   This  was  definitely  hazardous
service since none of the  people  were  qualified  to  do  the  work  being
performed.

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

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force  on  21
Apr 48.  He was progressively promoted to  the  grade  of  master  sergeant,
having assumed that grade effective and with a date of rank of 1 Dec 65.   A
Physical Evaluation Board (PEB) initiated on 13 Mar 68 found him  physically
unfit for duty for Mild Herniated Nucleus Pulposus  L5-S1,  and  recommended
that he be permanently retired from the Air Force.  On 22 Apr  68,  the  Air
Force PEB directed that the applicant be permanently retired  from  the  Air
Force with a combined disability rating of 20%.  On 23 May  68,  was  placed
on the Permanent Retired Disability List.  He served 20 years, 1 month,  and
2 days on active duty.

Current Department of Veterans Affairs (DVA) records reflect  a  compensable
rating of 60% for his unfitting condition.

His CRSC application was disapproved on 13 Jan 04 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 his records indicate  he  strained
his back on 2 Jun 64 lifting a motor out of a pick-up truck.  On 9  Nov  66,
he was helping move a water pump when the pump fell on  him  causing  severe
pain to the lower back.  He was returned  to  duty  after  surgery  although
moderate symptoms persisted up to the time of his retirement.  There  is  no
documentation that his back injury is the direct result of  armed  conflict,
hazardous service or instrumentality of war.   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  7  May
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
condition the applicant believes is combat-related was 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, does  not  qualify  for  compensation
under the CRSC Act.  We agree with the opinion  and  recommendation  of  the
Air Force office of primary responsibility and adopt its  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-
00309 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 15 Jan 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 27 Apr 04.
    Exhibit D.  Letter, SAF/MRBR, dated 7 May 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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