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AF | BCMR | CY2005 | BC-2004-02604
Original file (BC-2004-02604.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02604
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  24 Feb 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her 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:

She was injured while on a mission evacuating wounded patients  in  Vietnam.
During takeoff the aircraft caused her  to  lose  her  footing  and  balance
causing an injury to her back.

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

STATEMENT OF FACTS:

Applicant was appointed  a  captain  on  18 Oct  67  and  was  progressively
promoted to the grade of colonel.  He served as a Nurse Corps  Officer.   On
29 Nov 97, her name was placed on the USAF Retired List.  She  completed  30
years, 1 month, and 11 days of Federal service and 20 years of active duty.

Her CRSC application was approved on 21 Jun 04 for PTSD, rated at 50%.   Her
spinal disc condition was disapproved based upon the fact that the  service-
connected medical condition was determined not to be combat-related.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states a review of her  service  and  DVA
medical records show her spinal disc condition is not combat  related.   She
claimed she injured  her  back  lifting  litters  into  an  aircraft  during
hostile fire.  Injuries sustained by  lifting,  where  the  injury  was  not
caused by the aircraft itself is not considered to  be  eligible  for  CRSC.
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 24  Nov
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 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-
02604 in Executive Session on 13 Oct 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 18 Aug 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 17 Nov 04.
    Exhibit D.  Letter, SAF/MRBR, dated 24 Nov 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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