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AF | BCMR | CY2005 | BC-2005-00025
Original file (BC-2005-00025.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00025
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  7 Jul 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 condition was incurred during an exercise to  protect  nuclear  weapons.
He was loaded with live ammunition and simulating an attack by an  aggressor
force when his condition was incurred.

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  31
May 72.  He was  progressively  promoted  to  the  grade  of  senior  master
sergeant, having assumed that grade effective and with a date of rank  of  1
May  92.   He  served  as  a  Communications  Systems  Superintendent.    He
voluntarily retired from the Air Force on 30 Sep 95, having served 23  years
and 4 months on active duty.

Available  Department  of  Veterans  Affairs   (DVA)   records   reflect   a
compensable rating of 20% for his unfitting condition.

His CRSC application was disapproved on 9 Dec 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
stated in his original application his  back  condition  is  the  result  of
falling down some stairs in 1986 after a wing exercise began.   His  records
reveal a reference to him falling down the stairs  during  an  alert.   Many
other entries mention the fall and resulting back injury,  yet  nothing  can
be found to indicate the fall was  the  direct  result  of  armed  conflict,
hazardous service, instrumentality of war or  simulating  war.   Falling  is
not considered to be  combat  related  unless  some  unique  event  occurred
causing the  fall.   In  order  for  this  disability  to  be  eligible  for
compensation, the condition must meet  the  rigorous  standards  for  combat
related disabilities, such as the shock of a bomb blast  rather  than  human
error, and not merely have a service connection.

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  1  Apr
05 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.

_________________________________________________________________

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-2005-
00025 in Executive Session on 14 Dec 05, under the  provisions  of  AFI  36-
2603:

      Mr. Thomas S. Markiewicz, Chair
      Mr. Richard J. Peterson, Member
      Mr. Alan A. Blomgren, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 21 Dec 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 23 Mar 05.
    Exhibit D.  Letter, SAF/MRBR, dated 1 Apr 05.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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