RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01241
            INDEX CODE:  108.07
            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

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:

He injured his back in Laos in 1965. Because of  the  classified  nature  of
the assignment his records will not show the duties  he  was  performing  at
the time.  He was working on an aircraft when a bomb blew up and  threw  him
off the wing and he injured  his  back.   He  endured  a  lot  of  pain  and
eventually had surgery in 1981 and  again  in  2000.   All  of  his  medical
problems  were  caused  during  his  military  career.   The  Department  of
Veterans Affairs (DVA) has rated him as 100% disabled.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force  on  27
Jan 56.  He  was  progressively  promoted  to  the  grade  of  chief  master
sergeant, having assumed that grade effective and with a date of rank  of  1
Sep 79.  He served as an Aircraft Maintenance Technician.

An MEB was convened on 25 Oct 85, and  referred  his  case  to  an  Informal
Physical  Evaluation  Board  (IPEB)  with  a  diagnosis  of  chronic  lumbar
radiculopathy.  On 19 Dec 85, the IPEB found him unfit for further  military
service based on a diagnosis of  chronic  lumbar  radiculopathy.   The  IPEB
recommended that he be placed  on  the  Temporary  Disability  Retired  List
(TDRL) with a combined compensable rating of 10%.   The  applicant  did  not
agree with the findings and recommended disposition of the IPEB.  On  14 Jan
86, the Formal PEB (FPEB) recommended he  be  placed  on  the  TDRL  with  a
compensable  percentage  of  40%.   He  agreed   with   the   findings   and
recommendation of the PEB.  He was placed on the TDRL on 27 Feb 86.   On  17
Jun 87, the Air Force PEB recommended he be  permanently  retired  from  the
Air  Force  with  a  combined  disability  rating  of  40%.   The  applicant
concurred with the recommended findings.  On 12 Jul 87, he was removed  from
the TDRL and permanently retired.  He served 31 years and 1 month on  active
duty.

Current DVA records reflect a compensable rating of 60%  for  his  unfitting
condition.

His CRSC application was disapproved on 30 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 a review of his  service  and  DVA
medical records show his spinal disc condition is not combat  related.   His
records do not show, while in service,  a  combat-related  event  or  events
that were the direct cause of his disability.  His records  show  documented
evidence that he had complained of back pain as early  as  1963,  two  years
prior to being in Thailand.

The DPPD evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reiterates his account of the incident in which  he  was  injured,
provides details of additional medical problems he is now experiencing as  a
result of his injuries, and reiterates his request for a hearing before  the
Board.  In support of his request, applicant provided a personal  statement,
documentation associated with his CRSC appeal, and documents  from  his  DVA
medical records.  His complete response, with attachments, 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.

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 issues 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-
01241 in Executive Session on 6 Apr 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 13 Apr 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 18 Jun 04.
    Exhibit D.  Letter, SAF/MRBR, dated 25 Jun 04.
    Exhibit E.  Letter, Applicant, dated 11 Feb 05.




                                   THOMAS S. MARKIEWICZ
                                   Chair