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AF | BCMR | CY2005 | BC-2004-00766
Original file (BC-2004-00766.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00766
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  Not Indicated

Mandatory Case Completion Date:  11 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:

Applicant makes no contentions regarding his spinal disc condition.

In support of his request, applicant  provided  a  personal  statement,  his
CRSC denial letter, and an Agent Orange  brief.   His  complete  submission,
with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant served in the National Guard from 8 Aug 50 through 16 Mar 51.   He
contracted his initial enlistment in the Regular Air Force  on  22  Jun  51.
He was progressively promoted  to  the  grade  of  master  sergeant,  having
assumed that grade effective and with a date  of  rank  of  1  Jan  70.   He
served as a Munitions Specialist.  He voluntary retired from the  Air  Force
on 31 Mar 73, having served 22 years, 4 months, and 18 days on active duty.

His CRSC application was approved on 24 Jun 04 for his  chronic  obstructive
pulmonary disease, Agent Orange presumptive, rated at 60%.  His spinal  disc
condition was disapproved based upon the  fact  that  the  service-connected
medical condition was determined not to be combat-related.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states his back was  injured  by  loading
munitions on aircraft but does not relate to a specific incident.   Injuries
sustained by lifting and loading munitions, where the injury was not  caused
by the device itself or the aircraft are not considered to be  eligible  for
CRSC.

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  1  Jul
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  evidence
presented, it is the Board majority's  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.   The  Board  majority  agrees  with  the  opinion  and
recommendation of the Air Force office of primary responsibility and  adopts
its rationale as the basis for their conclusion that the applicant  has  not
been the victim of an error or injustice.  In the  absence  of  evidence  to
the contrary, the Board majority finds  no  compelling  basis  to  recommend
granting the relief sought in this application.

_________________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the panel finds insufficient evidence of  error  or  injustice
and recommends the application be denied.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2004-
00766 in Executive Session on 6 Apr 05, under  the  provisions  of  AFI  36-
2603:

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

By a majority vote, the Board voted to deny the request.   Mr.  Carey  voted
to correct the record and submitted a minority report, which is appended  at
Exhibit E.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 3 Mar 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 28 Jun 04, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 1 Jul 04.
    Exhibit E.  Minority Report, dated 13 Apr 05.




                                   THOMAS S. MARKIEWICZ
                                   Chair




MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
               FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of APPLICANT

      I have carefully reviewed the evidence of record and the
recommendation of the Board members.  A majority found that the applicant
had not provided sufficient evidence of error or injustice and recommended
the case be denied.  I concur with that finding and their conclusion that
relief is not warranted.  Accordingly, I accept their recommendation that
the application be denied.

      Please advise the applicant accordingly.




                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards
Agency

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