RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00846
            INDEX CODE:  108.07
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected  to  reflect  that  his  service-connected  medical
conditions, injuries to his neck, thoriacic spine, knees and  headaches  are
the result of impact trauma from parachuting, in order  to  be  assessed  as
combat related  and  qualify  for  compensation  under  the  Combat  Related
Special Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His conditions were incurred in the performance of a hazardous duty,  during
his 20 years  of  duty  as  a  Survival,  Evasion,  Resistance,  and  Escape
Instructor.  The majority of his disabilities are the  result  of  years  of
duty as  a  Parachutist  demonstrating  the  capabilities  of  the  ejection
parachute.  The wedging of his T7, T8, C5 and C6 vertebrae as well  as  pain
in both knees are due to years of  hard  landings  under  the  C-9  ejection
canopy.  A landing in extremely high  winds  in  1989  is  the  most  likely
source of the compression fractures to his back  and  neck.   Shortly  after
this incident his headaches began.

In  support  of  his  request,  applicant  provided  a  personal  statement,
documents extracted from his medical records, documentation associated  with
his Department of Veterans  Affairs  (DVA)  rating  decision,  documentation
associated with his parachute duties,  and  a  physician's  statement.   His
complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force  on  24
Jun 75.  He was progressively promoted to  the  grade  of  master  sergeant,
having assumed that grade effective and with a date of rank  of  1  Jun  92.
He  served  as  a  Survival,  Evasion,  Resistance,  and   Escape   Training
Craftsman.  He voluntary retired from the Air Force on  30  Jun  99,  having
served 24 years and 7 days on active duty.

Current Department of Veterans Affairs  (DVA)  records  reflect  a  combined
compensable rating of 70% for his unfitting conditions.

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AIR FORCE EVALUATION:

The BCMR Medical  Consultant  recommends  denial.   The  Medical  Consultant
states review of his service medical records finds no entries for  parachute
jump related injuries.  He sought care  for  neck  pain  following  a  motor
vehicle accident.  His knee condition is a  common  problem  experienced  in
the general population.  There is nothing about the clinical findings or  x-
rays that suggests this is the result  of  an  unusual  impact  injury.   He
participated in sports activities that posed a greater cumulative  wear  and
tear on the knees.  His headaches  began  several  years  after  he  stopped
parachute duty and were not diagnosed as caused by  any  factor  related  to
previous parachute duties.   His  anterior  wedged  thoriacic  vertebra  may
plausibly be explained by a jump injury, however such  injury  would  result
in acute pain and there are no medical record entries for such an  incident.
 Such changes can also be developmental and may be a  cause  for  back  pain
and later degenerative changes.  He in fact, sought care for thoriacic  back
pain in 1979, which is consistent with the latter  possibility.   Regardless
the evidence of record is insufficient to support granting his  request  for
CRSC.

There is no evidence in his record that  his  service  connected  conditions
were incurred as a  direct  result  of  armed  conflict,  while  engaged  in
hazardous service, while engaged in performance or duties  under  conditions
simulating war, as a result of instrumentality of war, or  other  qualifying
conditions.  The Medical Consultant Evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

His request for a change of his records is to ensure his records  accurately
reflect the nature of the physical problems he has that were  not  correctly
identified and recorded during his military service so that he  may  receive
compensation that is due to him.  The cause  of  his  conditions  was  never
fully investigated during his military service.  Most often  he  was  looked
at by an Independent Duty Medical Technician and not a doctor.   The  causes
of his problems were identified by a civilian doctor three years  after  his
retirement.  He did have lower back pain in  1979;  however,  the  pain  and
injury he sought compensation for is in the middle of his back.  The  reason
there is no medical entries for injury after the parachute mission  in  1989
is because hard landings followed by sore  and  stiff  back  and  legs  with
headaches were a common side effect  of  demonstrating  the  C-9  parachute.
His pain at the time was tolerable so he just sucked it up and continued  to
do his job.  Since he was  removed  from  parachute  duties,  he  no  longer
received annual flight physicals that incorporated x-rays  that  would  have
identified his deformed vertebrae earlier.   Because  the  doctors  did  not
make this connection and record it in his medical records  does  not  negate
the fact that it happened.

His complete response is at Exhibit E.

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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 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-
00846 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 10 Mar 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 15 Dec 04.
    Exhibit D.  Letter, SAF/MRBR, dated 17 Dec 04.
    Exhibit E.  Letter, Applicant, dated 10 Jan 05.




                                   THOMAS S. MARKIEWICZ
                                   Chair