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AF | BCMR | CY2005 | BC-2004-03170
Original file (BC-2004-03170.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03170
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  16 APR 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

His 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:

His  injury  was  incurred  while  he  was  participating  in  a  world-wide
Strategic Air Command bombing exercise.  Several of his  Army  friends  were
injured while falling in winter conditions and their CRSC applications  were
approved.

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.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force  on  11
Aug 65.  He  was  progressively  promoted  to  the  grade  of  chief  master
sergeant, having assumed that grade effective and with a date of rank  of  1
May 89.  He served as a Personnel Technician and  Senior  Enlisted  Advisor.
He voluntarily retired from the Air Force on 31 Aug  95,  having  served  30
years and 20 days on active duty.

Available Department of Veterans Affairs (DVA) records  reflect  a  combined
compensable rating of 90% for his unfitting conditions.

His CRSC application was disapproved on 30 Mar 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 is not  combat  related.   He
received his injuries due to  a  fall  from  steps  on  a  radar  van  while
carrying documents and hitting his back on metal steps.  Injuries  sustained
by slipping on steps, where the fall was not caused by the steps  themselves
is not considered to be eligible for CRSC.

The DPPD evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reiterates he was injured while participating in an exercise.   He
is 100% disabled as a result of his injuries and believes  DPPD  denied  his
request because  of  their  misinterpretation  of  the  law.   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
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.

_________________________________________________________________

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-
03170 in Executive Session on 7 Sep 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 5 Oct 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 10 Dec 04.
    Exhibit E.  Letter, Applicant, dated 17 Dec 04, w/atchs.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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