RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01316
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  Not Indicated

MANDATORY CASE COMPLETION DATE:  25 Dec 05

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He has provided  documentation  showing  that  his  hemorrhoids  are  combat
related.  His hemorrhoids were incurred in a combat mission on  14  Jul  52.
After returning from the mission and having pulled  high  Gs,  he  found  an
external  hemorrhoid.   Surgery,  in  the  following  days  resulted  in   a
permanent injury.   He  has  also  provided  letters  from  his  two  flight
surgeons who stated that his condition is combat related.

In support of his request, applicant provided  a  letter  prepared  for  the
Department of Veterans’ Affairs (DVA),  and  documentation  associated  with
his CRSC application.  His complete  submission,  with  attachments,  is  at
Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Army of the United States on 29  Jul  43  and  was
discharged on 7 Mar 46.  He enlisted in the United States  Navy  Reserve  on
24 Apr 47 and was discharged on 6 Oct  49.   He  served  as  a  commissioned
officer in the Air Force Reserves from 21 Oct 50 to 8 Mar 51.  He served  in
the Army of the United States from 9 Mar 51 through 22 Oct 52 and  reentered
the Air Force Reserves on 23 Oct 52.  On 14 Nov 80, his name was  placed  on
Retired Reserve List in the grade of colonel.

His CRSC application was disapproved on 6 Feb 04 based upon  the  fact  that
his service-connected medical condition was determined  not  to  be  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  hemorrhoids  are  not  combat  related.   Although  he
furnished a letter from his flight surgeon at  the  time  of  the  incident,
there is no documentation in his service medical records.   A  letter  dated
50 years after the fact is not conclusive documentation to support  approval
of the incident.  The doctor’s letter states "It  is  my  opinion  that  his
hemorrhoid thrombosis was caused by the physical stress and strain  that  he
was subjected to by his flying duties during combat and it  is  very  likely
that the same stress and strain would result in low back trauma."  There  is
no evidence in  his  medical  record  that  his  hemorrhoid  was  caused  by
physical stress during combat flying missions.

The DPPD evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant notes that DPPD did not make comment on the remaining  physician's
statements he provided.  He reiterates that his problem was  the  result  of
pulling high Gs  so  often.   The  mission  that  resulted  in  the  massive
external hemorrhoid was a busy one as most were pulling severe Gs  but  they
had never before had such a  massive  result.   Many  in  his  squadron  had
hemorrhoid surgery, but none as massive as his.  After  reading  an  article
written by a physical therapist in the Persian  Gulf,  it  appears  that  50
years later pulling Gs is still a problem; however, now there is therapy.

His complete response, with attachments, 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 the Board majority's  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.  The Board notes that  the  applicant's
medical records contains a record of an annual  physical  examination  dated
14  May  52,  which  contains  the  statement  "Small  thrombosed   external
hemorrhoid...Has been  present  several  years  without  getting  larger  or
causing symptoms." The Board also took note of the  statements  provided  by
the applicant's former physicians and  the  Board  majority  does  not  find
their contentions sufficiently persuasive to  support  a  finding  that  the
applicant has been the victim of an error or injustice.  Therefore,  in  the
absence of evidence to the contrary, the Board majority finds no  compelling
basis to recommend granting the relief sought in this application.

_________________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the panel finds insufficient evidence of  error  or  injustice
and recommends the application be denied.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2004-
01316 in Executive Session on 11 Jul 05, under the  provisions  of  AFI  36-
2603:

      Mr. Thomas S. Markiewicz, Chair
      Mr. Michael V. Barbino, Member
      Ms. Martha A. Maust, Member

By a majority vote, the Board voted to deny the request.   Ms.  Maust  voted
to correct the record based on the statement provided by the  physician  and
the medical documentation supporting the fact that he was injured.  She  did
not desire to submit a minority report.  The following documentary  evidence
was considered:

    Exhibit A.  DD Form 149, dated 18 Apr 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 19 Jul 04.
    Exhibit D.  Letter, SAF/MRBR, dated 23 Jul 04.
    Exhibit E.  Letter, Applicant, dated 31 Jul 04, w,atchs.
    Exhibit F.  Congressional Inquiry, dated 23 Dec 04, w/atchs.




                                   THOMAS S. MARKIEWICZ
                                   Chair
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
               FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of

      I have carefully reviewed the evidence of record and the
recommendation of the Board members.  A majority found that the applicant
had not provided sufficient evidence of error or injustice and recommended
the case be denied.  I concur with that finding and their conclusion that
relief is not warranted.  Accordingly, I accept their recommendation that
the application be denied.

      Please advise the applicant accordingly.




                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards
Agency