RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03562
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  22 MAY 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

His  records  be  amended  to  include   a   statement   that   his   neuro-
musculoskeletal conditions are the result of the long term  effects  of  his
28 years performance of hazardous duty as a parachutist, combat  controller,
and special tactics operator.

His  service-connected  medical  conditions,  shoulder  condition,   limited
motion in cervical spine and back condition, be assessed as  combat  related
in order to qualify  for  compensation  under  the  Combat  Related  Special
Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His CRSC request  was  denied  because  his  records  do  not  document  his
injuries.  Normally when an injury  sustained  during  parachute  operations
was not life threatening the individuals are examined on site  and  provided
first aid and told to  continue.   He  asked  the  Department  of  Veterans'
Affairs (DVA) for a letter stating his service connected  determination  was
based on his long history as a parachutist, but they were unable to  provide
letters of explanations, interpretations,  or  render  judgments,  views  or
opinions.  His jump/dive records were not given to  him  at  discharge.   He
recounts several instances in which he was injured and adds that there  were
numerous incidents in which he was injured.

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  16
Sep 64.  He  was  progressively  promoted  to  the  grade  of  chief  master
sergeant, having assumed that grade effective and with a date of rank  of  1
Jan  90.   He  served  as  a  Ground  Radio  Communications   Craftsman,   a
communications Superintendent, and as a Combat Control  Superintendent.   He
voluntarily retired from the Air Force on 30 Sep 94, having served 30  years
and 15 days on active duty.

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

His CRSC application was approved on 22 Mar  04  for  his  knee  conditions,
rated at 10% each; and hip conditions, rated at  10%  each.   His  remaining
conditions  were  disapproved  based  upon  the  fact  that  there  was   no
documentation to support they were combat-related.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states a review of his  service  and  DVA
medical records show his shoulder  condition,  limited  motion  in  cervical
spine and back condition are not combat related.  His records  are  negative
for any complaints in service for pain for these disabilities; however,  his
medical records do show complaints of shoulder pain  from  lifting  weights.
In 1970 he  complained  of  back  pain,  but  his  records  are  silent  for
parachute jumping as the cause, but states he felt stiffness  in  his  upper
lumbar region after exercising.

The DPPD evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In response to the Air Force evaluation, applicant provided statements  from
a former flight surgeon and team member.   His  complete  submission  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.  It appears  the  applicant  is  requesting
his  medical  records  be  amended  to  include   a   statement   that   his
neuroskeletal conditions  are  the  result  of  hazardous  military  duties.
Based  upon  a  review  of  the  available  evidence  of  record   and   the
documentation provided in support of his appeal, we  do  not  find  evidence
that justifies insertion of the requested  statement.   Therefore,  approval
of that portion of his request is not warranted.  In regard to  his  request
that  the  service-connected  medical  conditions  be  assessed  as   combat
related, we are not persuaded by  his  assertions  that  the  conditions  he
believes are combat-related were 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
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  he  has  not  been  the
victim of an error or injustice.  In the absence of irrefutable 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-
03562 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 15 Nov 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 4 Feb 05.
    Exhibit D.  Letter, SAF/MRBR, dated 11 Feb 05.
    Exhibit E.  Letter, Applicant, dated 24 Feb 05, w/atchs.




                                   THOMAS S. MARKIEWICZ
                                   Chair