RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00867
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  18 Sep 05

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

In 1951, while serving in the Army and stationed in Korea, he  fell  down  a
mountainside during a counter attack and injured his back.  He was  assisted
to the clinic where he was rushed through and provided  medication  for  his
pain.  He returned to the hospital  on  numerous  occasions  complaining  of
severe pain but was told to be patient because back  injuries  take  a  long
time to heal.  In 1962 he was involved in a jeep accident while in  Germany.
 From that accident he sustained a concussion and a cut above his  eye.   He
complained about back pain, but  not  due  to  the  accident  in  the  jeep,
because his pain had been continuous  since  Korea.   After  his  discharge,
while employed as a letter carrier, he became paralyzed on  his  right  side
and was taken to the hospital by a co-worker.  After review of his  military
medical records, physicians there told him he had two herniated  discs,  one
of which never heals.  The physician assisted him  with  his  Department  of
Veterans Affairs (DVA) application.  He  underwent  two  operations  through
the DVA.  After the second operation he was told he  would  feel  discomfort
for the rest of his life.

In  support  of  his  request,  applicant   provided   personal   statement,
documentation associated with his CRSC denial,  a  document  extracted  from
his medical records,  and  a  statement  from  his  brother.   His  complete
submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant served in  the  Army  from  1  Feb  49  through  19  Oct  65.   He
contracted his initial enlistment in the Regular Air  Force  on  14 Dec  65.
He was progressively promoted to the grade  of  technical  sergeant,  having
assumed that grade effective and with a date  of  rank  of  1  Jul  72.   He
voluntarily retired from the Air Force on 30 Apr 74, having served 20  years
and 12 days on active duty.

His CRSC application was disapproved on 3 Mar 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  reflect  he  was
treated for lower back pain dating back to the time he  was  involved  in  a
jeep accident.  X-rays showed he had spina bifida,  which  is  considered  a
congenital disease.  There is no record  of  any  other  treatment  for  his
back.  None of his physical examinations dating back to  his  enlistment  in
1949 indicate problems with his back or mention any other injury other  than
the jeep accident.  His separation physical revealed that he had  been  seen
for back pain but there was normal range of  motion  in  the  lumbar  spine.
The fact that a member may  have  incurred  a  medical  condition  during  a
period of war or while participating in combat operations is not  sufficient
evidence to support a combat related determination.   Records  must  show  a
definite causal relationship between the  armed  conflict  and  the  medical
condition.

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 21  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.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issue  involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

_________________________________________________________________

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-
00867 in Executive Session on 25 Apr 05, under the  provisions  of  AFI  36-
2603:

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

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 9 Mar 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 14 May 04.
    Exhibit D.  Letter, SAF/MRBR, dated 21 May 04.
    Exhibit E.  Letter, Applicant, dated 22 Mar 04, w/atch.




                                   THOMAS S. MARKIEWICZ
                                   Chair