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AF | BCMR | CY2005 | BC-2005-00535
Original file (BC-2005-00535.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00535
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  19 AUG 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 assigned  to  DaNang  AB  Vietnam  during  the
Vietnam War. His records state he was injured while on a  sand  bag  filling
detail.  While he was stationed in Vietnam sand bags were filled to  protect
the buildings and living quarters.  He was never armed or  in  a  fire-fight
but he was assigned to a support unit supporting the war effort.

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's military personnel records are not  available.   Data  extracted
from  documentation  provided  by  the  applicant  and  extracted  from  the
personnel data system indicates 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 82.  On 1 Jun 87, his name was placed on  the  Retired
Reserve List, awaiting pay at age 60.

Available Department of Veterans Affairs (DVA) records  reflect  a  combined
compensable rating of 60% for his unfitting conditions.

His CRSC application was disapproved on 20 Apr 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 no evidence to confirm his explanation  of  the  events
leading to his injury.  An entry dated 18 Jul 69, indicates he  was  treated
for low back pain caused by lifting sandbags.  An entry  dated  15  May  67,
states he was  treated  for  a  back  injury  that  occurred  while  playing
softball; and an entry dated 28 Apr 72, notes he sprained  his  back  riding
in a truck that struck a hole and bounced.  Later accounts by the  applicant
provide conflicting versions of the incident.  On  23  Aug  77,  he  gave  a
history that in 1969 he was hit in the back by a piece  of  equipment  while
in Vietnam; and on 27 Jan 98,  he  stated  injured  his  back  when  he  was
building a bunker and a stack of sandbags fell on his  back.   In  his  CRSC
application he states he developed his back condition after  he  was  struck
by a back hoe which pushed him into a wall.

Injuries from routine activities, such as lifting, are not considered to  be
combat related even when they occurred while performing military  duties  or
training.   Had  the  injury  occurred  due  to  a  unique  combat   related
circumstance, such as the shock of a  bomb  blast  throwing  him  against  a
bunker, approval would be warranted.

The DPPD evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states building bunkers in a hostile area of  a  war  zone  is  as
much part of the war effort was other duties.   The  advisory  indicates  he
injured his back while playing softball in 1967.  The actual injury  was  to
his right ankle in 1964.  He reiterates he injured  his  back  lifting  sand
bags while building a bunker.  Applicant agrees he had other  back  injuries
during his career, the injury in question in the one he received in  Vietnam
lifting sand bags.  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-2005-
00535 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 7 Feb 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 25 Mar 05.
    Exhibit D.  Letter, SAF/MRBR, dated 1 Apr 05.
    Exhibit E.  Letter, Applicant, dated 5 Apr 05.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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