RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01263
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  21 Dec 05

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

His problems probably started with his combat flying in WWII and  Korea  but
his disability became manifested during combat flying in Vietnam in  fighter
and helicopter missions.  His problems are the result  of  the  strain  from
countless ordinance delivery runs with high G force pull-outs.

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

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STATEMENT OF FACTS:

Applicant was appointed a second lieutenant in the Regular  Army  on  9  Dec
44.  He was progressively promoted to the grade of colonel,  having  assumed
that grade effective and with a date of rank of 18 Mar 67.  He served  as  a
pilot.  He flew 54 combat hours in the Asiatic Pacific  theater  as  a  B-24
Navigator, 547 combat hours in the Korean theater as a B-29  Navigator,  and
served in Vietnam from 8 Sep 69  through  2  Sep  70.   On  30  Jun  76,  he
voluntarily retired for years of service.  He served  32  years,  7  months,
and 14 days on active duty.

Available Department of Veterans Affairs (DVA) records  reflect  a  combined
compensable  rating  of  40%  for  his  unfitting  conditions.    His   CRSC
application was approved for impaired hearing, rated at  20%  and  tinnitus,
rated at 10%.  His degenerative arthritis was  disapproved  based  upon  the
fact evidence provided did  not  show  that  the  service-connected  medical
condition was combat-related.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states a review of his  service  and  DVA
medical records show his degenerative arthritis 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.

The DPPD evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 25  Jun
04 for review and comment within 30 days.  As of this date, this office  has
received no response.

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ADDITIONAL AIR FORCE EVALUATION:

The BCMR Medical  Consultant  recommends  denial.   The  Medical  Consultant
states his service records show he was diagnosed with osteoarthritis of  the
cervical spine at age 50.  At the time the degree was mild and the  affected
locations were those most commonly seen  in  the  general  population.   His
records contain no evidence of significant trauma  injury  to  the  cervical
spine during aerial flight.  In the absence of a  specific  traumatic  event
resulting  in  significant,  documented  cervical  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 result of such hazardous service requires that  the  disability  be  the
direct result of actions taken  in  the  performance  of  such  service.   A
direct and causal relationship such that were it not for aerial flight,  the
condition would not have developed is necessary.  His records  reflect  that
he did not fly high G aircraft as reported in aerospace medical  literature.
 In addition, his cervical spine disease was mild and not premature.

The Medical Consultant Evaluation is at Exhibit E.

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APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

The DVA acknowledged that his osteoarthritis began during  his  combat  duty
in Vietnam.  When he crash-landed his A-37 in Vietnam, it was his back,  not
his hips, that was  hurt.   Although  current  pilots  have  equipment  that
protect them from various stresses and strains, in WWII, Korea, and  Vietnam
he did not have the advantage of  such  equipment.   One  hundred  missions,
with three to four weapon deliveries each mission, pulling four to five  G's
each pass is hard on the back.  His complete response, with  attachments  is
at Exhibit G.

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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
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 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.

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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.

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The following members of the Board considered AFBCMR Docket Number  BC-2004-
01263 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 14 Apr 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 25 Jun 04.
    Exhibit E.  Letter, BCMR Medical Consultant, dated 31 Mar 05.
    Exhibit F.  Letter, SAF/MRBC, dated 7 Apr 05.
    Exhibit G.  Letter, Applicant, dated 28 Apr 05, w/atchs.




                                   THOMAS S. MARKIEWICZ
                                   Chair