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AF | BCMR | CY2005 | BC-2004-02648
Original file (BC-2004-02648.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02648
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  28 Feb 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical conditions, spinal disc  condition,  condition
of the skeletal system,  shoulder  condition,  degenerative  arthritis,  and
paralysis of external popliteal nerve, be  assessed  as  combat  related  in
order  to  qualify  for  compensation  under  the  Combat  Related   Special
Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His injuries were incurred manually moving extremely heavy rotor blades  and
containers in direct support of contingency operations.

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

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force  on  22
Dec 78.  He was progressively promoted to  the  grade  of  master  sergeant,
having assumed that grade effective and with a date of rank  of  1  Jan  03.
He served as a Helicopter Maintenance Technician.   He  voluntarily  retired
from the Air Force on 31 Dec 98, having  served  20  years  and  9  days  on
active duty.

Current Department of Veterans Affairs  (DVA)  records  reflect  a  combined
compensable rating of 70% for his unfitting conditions.

His CRSC application was disapproved on 6 May 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, condition  of  the  skeletal
system,  shoulder  condition,  degenerative  arthritis,  and  paralysis   of
external popliteal nerve are not  combat  related.   Injuries  sustained  by
lifting, where the injuries were not caused  by  the  rotors  or  containers
themselves are not considered to be eligible for CRSC.

The DPPD evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states his  injuries,  while  not  sustained  by  a  bullet  in  a
firefight,  were  incurred  while  in  the  same  locations   and   ensuring
helicopters  were  ready  to  perform  their  mission.   His  injuries  were
incurred during airlift operations supporting Special Operations and  combat
Rescue helicopter squadrons.

His complete response 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
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 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.

_________________________________________________________________

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-
02648 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 1 Dec 04.
    Exhibit D.  Letter, SAF/MRBR, dated 3 Dec 04.
    Exhibit E.  Letter, Applicant, dated 11 Dec 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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