RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00663
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  NO

Mandatory Case Completion Date: 3 Sep 05

_________________________________________________________________

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:

His is requesting CRSC under the guidance that his  condition  was  incurred
while engaged in hazardous service, aerial flight.   He  was  on  full  time
flying  status  from  1954  until  1971.   His  removal  was  a  result   of
neurological damage caused by surgery performed  in  1966.   His  disability
today reads "Spinal Disc Condition" whereas at the  time  of  the  award  of
service connection for his disability, the Department  of  Veterans  Affairs
(DVA) described  the  condition  as  "Postoperative  residuals  HNP,  lumbar
spine, left lower extremity."   The  DVA  description  is  implicit  that  a
surgical procedure was performed.  On 12 Dec 66, he underwent a  laminectomy
to repair a herniated disc, which he suffered  while  engaged  in  hazardous
duty as a KC-135 Navigator on a mission from  Andrews  AFB  to  Seattle  WA.
The herniation of his disc appeared to be sudden  in  onset,  but  certainly
the annulus could have been the accumulation of wear and tear brought on  by
the hazardous service in which he was engaged.  In addition  to  the  above,
applicant states that entering KC-135 aircraft while  wearing  heavy  flight
gear and pushing and loading personal luggage through the crew  entry  hatch
places stress on the spine.  Cockpit crew seats  are  notoriously  difficult
to get in and out of  and  crewmembers  are  required  to  wear  parachutes,
creating more stress and strain on the spine.   On  many  missions  he  flew
around and  through  thunderstorms  whose  turbulence  severely  tested  the
integrity of the airframe, adding more  stress  on  the  spine  during  such
hazardous service.  On a few occasions he  sat  through  what  can  only  be
described as "hard landings."

In  support  of  his  request,  applicant  provided  a  personal  statement,
documents associated with his CRSC application, a  document  extracted  from
his DVA records, a copy of his DD Form 214,  and  documents  extracted  from
his flight records.   His  complete  submission,  with  attachments,  is  at
Exhibit A.

_________________________________________________________________
STATEMENT OF FACTS:

Applicant served in an enlisted status from 4 Sep 53 through 30 Sep 54.   He
was appointed a second lieutenant, Reserve of the Air Force on 1 Oct 54  and
was progressively promoted to the grade of major.  He served as a  navigator
on board a variety of aircraft.  On 17 Dec 74, a Physical  Evaluation  Board
(PEB) convened to consider his  diagnosis  of  radicular  pain,  left  lower
extremity, post laminectomy and discectomy  L5-S1,  mild  hypertension,  and
diabetes mellitus.  The PEB found he was not unfit  because  of  a  physical
disability and recommended he be returned to duty.  The  applicant  did  not
agree with the findings and recommendation and requested a  formal  hearing.
On 27 Jan 75, the USAF PEB concurred with the  recommendation  and  directed
that he be returned to duty.  On 31  Mar  75,  he  voluntarily  retired  for
years of service.  He served 21 years, 6 months, and 27 days on active duty

Available documentation reflects a DVA combined compensable  rating  of  70%
for his unfitting conditions.

His CRSC application was disapproved on 9 Jan 04 based upon  the  fact  that
his service-connected medical conditions were determined not to  be  combat-
related.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends  denial.   DPPD  states  his  records  reflect  he  was
treated for buttock and leg pain in 1966 and  underwent  a  laminectomy  and
discectomy at LR-S1.   In  1968  he  developed  progressive  onset  of  pain
aggravated by activity and  was  put  on  bed  rest  with  medication.   The
recurrence continued through 1973 when a  lumbar  myelograph  was  performed
that revealed herniation of the disc material.  His  spinal  disc  condition
is not considered to be the result of combat related  acts,  instrumentality
of war, or due to hazardous service.  His records reveal no  record  of  any
particular injury that could account for the onset of his  back  pain.   All
records appear to show normal duties performed during the completion of  his
military  responsibilities  as  a  Navigator  and  do  not  show  a   direct
correlation to combat operations.

The DPPD evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reiterates that at the time he suffered his injury  he  was  on  a
flight from Andrews AFB to Seattle, WA.   Surgery  was  required  to  repair
the disc.  Since aerial  flight  is  considered  as  hazardous  service,  he
believes he is qualified for CRSC.  A  herniated  disc  may  occur  suddenly
from lifting, twisting, or direct injury.  It may also occur as  the  result
of the disc  having  been  weakened  over  time.   As  a  navigator  he  had
approximately 2,950 hours of flight time.  Of that, a total  of  63.1  hours
was combat time.

His complete response is at Exhibit E.

_________________________________________________________________

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-
00663 in Executive Session on 6 Apr 05, under  the  provisions  of  AFI  36-
2603:

      Mr. Thomas S. Markiewicz, Chair
      Mr. Christopher Carey, Member
      Mr. James W. Russell III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 27 Feb 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 28 Apr 04.
    Exhibit D.  Letter, SAF/MRBR, dated 7 May 04.
    Exhibit E.  Letter, Applicant, dated 4 Jun 04, w/atchs.




                                   THOMAS S. MARKIEWICZ
                                   Chair