RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00390
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 6 Aug 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical conditions, limited  motion  in  the  cervical
spine,  degenerative  arthritis,   arteriosclerotic   heart   disease,   and
malignant growth genitourinary, be assessed as combat related  in  order  to
qualify for compensation  under  the  Combat  Related  Special  Compensation
(CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

In 1962, while performing maintenance on a high-finder  radar,  the  blanker
unit malfunctioned and he received a heavy dose of  radiation  exposure  but
did not feel any effect at the time.  During the same period he was  lifting
heavy radar test equipment when he felt a sharp  pain  in  his  lower  back.
There were no medical facilities at the remote site and he had two days  bed
rest, after which he was fine.  In 1975, after a 700  mile  automobile  trip
his back pain recurred and he was  hospitalized  for  5  days,  assigned  to
quarters for over 30 days, and admitted to the hospital at  Wright-Patterson
AFB for a total of over 4 months.

A clinical narrative summary dated 9  Mar  66  indicated  his  pain  in  the
testis was orchialgia of unknown etiology.  His  kidney  was  later  removed
because of cancer and he has bone degenerative disease.  At no time  was  he
ever asked what type of work  he  did  or  if  he  worked  around  microwave
radiation.  There is no way he can prove the microwave radiation caused  his
conditions nor can the Air Force prove  the  radiation  did  not  cause  his
conditions.  Research suggests that young persons exposed to high levels  of
radiation were at increased risks for cancer.  Research also  shows  a  high
cancer death rate among soldiers exposed to microwave radiation.

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  13
Jun 52.  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 78.  He served as an Aircraft Maintenance  Technician  and  as  a  Radar
Technician.  On 29 Jun 66 and again on 2 Jul  70,  Medical  Boards  convened
and evaluated the applicant's diagnoses of  renal  cell  carcinoma  of  left
kidney; and radiculopathy, S1 nerve root, left, manifested by low back  pain
and radiation.  The medical boards recommended he be returned to  duty.   On
23 Apr 82, a Medical Board convened and evaluated applicant's  diagnoses  of
renal carcinoma, hypertension, C5-6 cervical  spondylosis,  low  back  pain,
and thoriacic scoliosis.  His case was referred  to  a  Physical  Evaluation
Board (PEB).  On 28 Jun 82, the PEB recommended he be returned to duty.   On
31 Oct 82, he voluntarily retired from the Air Force for years  of  service,
having served 30 years, 4 months, and 18 days on active duty.

His CRSC application was disapproved on 19 Feb 04 based upon the  fact  that
his service-connected medical conditions were determined not to  be  combat-
related.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states a review of his  service  and  DVA
medical records produced no evidence to show his limited motion of  cervical
spine, degenerative arthritis, and malignant growth genitourinary  were  the
result of exposure to microwave radiation.  His records contain no  evidence
this event occurred or that the alleged exposure was  the  direct  cause  of
his disabilities.  For his  arteriosclerotic  heart  disease  to  be  combat
related, this  condition  must  be  secondary  to  Agent  Orange  contracted
diabetes mellitus or presumptive to POW internment.

As outlined in  existing  CRSC  legislative  guidelines  and  Department  of
Defense program guidance, the burden of proof lies  with  the  applicant  to
provide evidence to confirm that the origin of his  disabilities  is  combat
related.  He has failed to provide such evidence.  While  studies  show  the
potential for microwave radiation exposure exists in career fields like  the
one he served in, evidence must be shown to confirm an  exposure  did  occur
and it is related to the claimed disabilities.  Approval of  CRSC  based  on
conjecture would be inappropriate.   Current  program  guidelines  have  not
established microwave radiation exposure  as  a  presumptive  condition  for
serving in a particular specialty.

The DPPD evaluation is at Exhibit C.

_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responded stating DPPD acknowledges the  potential  for  microwave
exposure exists for Radar  Technicians  and  were  at  increased  risks  for
cancer in his age group.  Stationed  at  a  remote  site,  with  no  medical
facilities and following procedures in effect at the time, there was no  way
for him to comply with requirement  to  be  seen  promptly  at  the  nearest
medical facility.  In support of his response, applicant provided copies  of
documents previously submitted and documentation extracted from his  medical
and personnel records.  His complete submission,  with  attachments,  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.  Applicant contends,  amongst  other  things,  that  his
conditions are the result of exposure to radiation.  However,  evidence  has
not been provided which would show that any of his conditions  were  awarded
service-connection based on presumption of radiation  exposure  as  required
for a combat-related determination.  Therefore, 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-
00390 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 27 Jan 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 14 Mar 05.
    Exhibit D.  Letter, SAF/MRBR, dated 13 Feb 04.
    Exhibit E.  Letter, Applicant, dated 18 Mar 05.




                                   THOMAS S. MARKIEWICZ
                                   Chair