RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02117
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE: 11 JAN 06
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APPLICANT REQUESTS THAT:

His  service-connected  medical  conditions,  degenerative   arthritis   and
condition of the skeletal system 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:

He flew 43 combat missions in Vietnam as an  aerial  combat  photo  officer.
During these missions he had to perform many high stress maneuvers,  pulling
high G-forces  to  avoid  anti-aircraft  missile  and  ground  fire.   These
actions were the direct, eventual cause of all of his disabilities.

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

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STATEMENT OF FACTS:

After serving as an enlisted member, applicant was commissioned  on  13  May
68.  He was progressively promoted to the grade of lieutenant  colonel.   He
served as a Visual Information Officer and Aerial Photographer.  On  31  Jan
93, he voluntarily retired for years of service.   He  served  29  years,  4
months, and 23 days on active duty

His CRSC application was approved on 23 Feb  04  for  his  malignant  growth
genitourinary, rated at 40%.  His remaining conditions were  denied.   On  2
Jul 04, his request  was  reevaluated  and  amended  to  show  approval  for
tinnitus, rated at 10%; ganglion cyst, left wrist,  rated  at  0%;  impaired
hearing, rated at 0%, and his malignant growth  genitourinary,  was  amended
to show a rating of 10%.  His remaining conditions were  denied  based  upon
the fact that the service-connected medical conditions were  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  his  degenerative  arthritis  and  condition  of  the
skeletal system are not combat related.  His records do not show,  while  in
service, a combat-related event or events that were the direct cause of  his
disabilities.  His DVA records state that on 15 Jun 93 "Impression was  that
this (neck  condition)  represented  probably  an  old  compression  injury.
Otherwise, service medical records are completely  negative  for  complaints
of or findings regarding the neck, midback  or  low  back."   He  complained
about his sore back in June 1971 when he was bending  over  removing  a  bar
from a glass door.  His service medical records state he slipped on ice  and
hit his right elbow, and complained of stiff  neck  and  sprained  ankle  in
March 1987.  There is no corroborating documentation  of  the  incidents  he
described  or  nay  injuries  he  suffered  in  those  incidents,   in   his
application or service records.

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 16  Jul
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 although he participated in armed combat, there is  no  evidence  his
cervical spine, lumbar spine, shoulder or ankle conditions were incurred  as
a direct result of armed conflict.  The applicant  did  not  fly  in  modern
high performance fighter aircraft that have been associated with an  earlier
onset of degenerative spine disease.  His total flight hours  in  the  F-105
does not come close to the number of flight hours the experienced pilots  of
modern high performance fighter aircraft with an apparent earlier  onset  of
degenerative spine disease whose total hours  in  those  aircraft  typically
exceed 2,000 hours.  There are no  documented  shoulder  or  ankle  injuries
associated with aerial flight.

The Medical Consultant Evaluation is at Exhibit E.

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APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy  of  the  additional  Air  Force  evaluation  was  forwarded  to  the
applicant on 29 Apr 05 for review and comment within 30 days.   As  of  this
date, this office has received no response.

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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 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.

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.

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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-
02117 in Executive Session on 26 Jul 05, under the  provisions  of  AFI  36-
2603:

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

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 6 Jul 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 12 Jul 04, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 16 Jul 04.
    Exhibit E.  Letter, BCMR Medical Consultant, dated 28 Apr 05.
    Exhibit F.  Letter, SAF/MRBC, dated 29 Apr 05.



                                   THOMAS S. MARKIEWICZ
                                   Chair