RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00768
            INDEX CODE:  108.07
            COUNSEL:  NONE
                                        HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  11 SEP 05

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was either in a combat zone or preparing to enter one  most  of  his  22-
year career.  His spine was injured during an emergency  landing  in  Korea.
He walked away from the landing but his spine was injured.  In  Bermuda,  he
was making an emergency landing and again  walked  away  but  his  back  was
injured.  In the 1960's while serving as a KC-135 pilot, he volunteered  for
fighter jet duty but was told by a flight surgeon that he  recommended  that
he nurse his injured spine until retirement.  He took his  advice  and  flew
KC-135s until  retirement.   After  retirement  he  received  Department  of
Veterans' Affairs (DVA) disability for his spine injury.  During the era  of
1940 through 1965 pilots were very reluctant to take anything  to  a  flight
surgeon.  It was not very macho and if they did not fly, they  did  not  get
paid.  Accident or incident reports were not usually accomplished.

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

_________________________________________________________________

STATEMENT OF FACTS:

After serving as an enlisted member of the  Air  National  Guard,  applicant
was appointed a  second  lieutenant,  Reserve  of  the  Air  Force  and  was
voluntarily ordered to extended active duty on 23 Oct 52.  He  served  as  a
pilot flying the F-86, T-6,  C-47,  KC-97,  and  KC-135  aircraft.   He  was
progressively promoted to the grade of lieutenant  colonel,  having  assumed
that grade effective and with a date of rank of 1 Jun 70.  On 31 May 72,  he
voluntarily retired for years of service.  He  served  21  years,  8 months,
and 11 days on active duty.

His CRSC application was disapproved on 17 Dec 03 based upon the  fact  that
his service-connected medical condition was determined  not  to  be  combat-
related.  Subsequent to the BCMR Medical  Consultant's  recommendation,  his
CRSC application was approved for tinnitus, rated at 10%

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states a review of his  service  and  DVA
medical records show his spinal disc condition and limited motion of  wrist,
are not combat related.  His records  do  not  show,  while  in  service,  a
combat-related  event  or  events  that  were  the  direct  cause   of   his
disabilities.

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  9  Jul
04 for review and comment within 30 days.  As of this date, this office  has
received no response.

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

The BCMR Medical  Consultant  recommends  denial.   The  Medical  Consultant
states there is no evidence the applicant's ganglion cyst is related  to  or
was caused by  aerial  flight  and  does  not  qualify  for  CRSC.   He  has
degenerative joint and disc disease of the lumbar and cervical spines.   The
cause of the disease is multi-factorial with  a  strong  genetic  basis  and
association with aging.  Changes in cartilage and bone structure with  aging
have been identified as involved in the development  of  the  disease.   The
progression of degenerative spine disease may also be related to  cumulative
wear  and  tear  from  repetitive  micro-traumas  related  to  occupational,
recreational, postural, and normal daily activities.

Aerial flight is an episodic occurrence during the course  of  aircrew  duty
and does not account for all the wear and  tear  on  the  spine,  since  for
most, the majority of the working time is  actually  spent  on  the  ground.
Traumatic spine injury such as that incurred in ejections form aircraft,  or
aircraft  crashes  can  result  in  subsequent  degenerative  spine  disease
localized  to  the  area  of  injury  from  altered  biomechanics   due   to
significant structural alterations.  Such an injury  would  be  expected  to
have resulted in the need to promptly  seek  medical  attention,  require  a
period of recovery  and  prolonged  removal  from  flying  duties.   In  the
absence of a specific traumatic event resulting in  significant,  documented
spine  injury,  it  is  impossible  to   attribute   direct   causation   of
degenerative spine disease to aerial flight.  According to CRSC criteria,  a
finding that  a  disability  is  the  direct  result  of  hazardous  service
requires that the disability be the direct result of actions  taken  in  the
performance of such service.  There is no evidence in  his  medical  records
that indicate there was any injury or strain during hazardous  service  that
may have caused or contributed to  his  back  condition.   Entries  indicate
spontaneous pain or pain associated with long  distance  driving  or  sports
activities.

The Medical Consultant Evaluation is at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy  of  the  additional  Air  Force  evaluation  was  forwarded  to  the
applicant on 11 Apr 05 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
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.

_________________________________________________________________

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-
00768 in Executive Session on 1 Jun 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 2 Mar 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 22 Jun 04.
    Exhibit D.  Letter, SAF/MRBR, dated 9 Jul 04.
    Exhibit E.  Letter, BCMR Medical Consultant, dated 8 Apr 05.
    Exhibit F.  Letter, SAF/MRBC, dated 11 Apr 05.




                                   THOMAS S. MARKIEWICZ
                                   Chair

AFBCMR
1535 Command Drive
EE Wing, 3rd Floor
Andrews AFB MD  20762-7002

Lieutenant Colonel Marvin L. Barber, USAF, Retired
105 W. Hawthorne Road
Spokane, WA 99218

Dear Colonel Barber

      Reference your application submitted under the provisions of AFI 36-
2603 (Section 1552, 10 USC), AFBCMR BC-2004-00768.

      After careful consideration of your application and military
records, the Board determined that the evidence you presented did not
demonstrate the existence of error or injustice.  Accordingly, the Board
denied your application.

      You have the right to submit newly discovered relevant evidence for
consideration by the Board.  In the absence of such additional evidence,
a further review of your application is not possible.

      BY DIRECTION OF THE CHAIR





                                   RALPH J. PRETE
                                   Chief Examiner
                                   Air Force Board for Correction
                                   of Military Records

Attachment:
Record of Board Proceedings