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AF | BCMR | CY2006 | BC-2004-02505
Original file (BC-2004-02505.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02505
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  15 Aug 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

His  service-connected  medical  conditions,  back   strain   and   migraine
headaches,  be  assessed  as  combat  related  in  order  to   qualify   for
compensation under the Combat Related Special Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

In 1956 he deployed  to  North  Africa  to  participate  in  war  games  and
training.  While there, he suffered an  injury  while  working  on  an  F-86
interceptor.  A dust storm came up and  while  trying  to  button  down  the
aircraft he accidentally touched a high voltage power source.  It threw  him
from the top of the aircraft to the tarmac.  He suffered a broken  nose  and
since there was no medical facility he went  two  weeks  without  treatment.
By the time he returned to home station he had forgotten about  the  injury;
thus, the incident never was annotated in his medical records.

In support of his request, applicant provided documentation associated  with
his CRSC application and documentation  extracted  from  his  Department  of
Veterans' Affairs records.  His complete submission,  with  attachments,  is
at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air  Force  on  7
Jan 53.  He was progressively promoted to the grade of  technical  sergeant,
having assumed that grade effective and with a date of rank  of  1  Dec  67.
He served as a Weapons Control Systems Technician.  He  voluntarily  retired
from the Air Force on 28 Feb 73, having served  20  years  and  14  days  on
active duty.

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

His CRSC application was disapproved on 13 Jan 04 based upon the  fact  that
documentation was not provided to show that  his  service-connected  medical
conditions were combat-related.  Although not  requested,  he  was  approved
for his impaired hearing, currently rated at 0%.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states a review of his  service  and  DVA
medical records show he was treated throughout his career  for  back  strain
but his records do not provide evidence of a  combat  incident  that  caused
his condition.  No mention  of  the  alleged  event  can  be  found  in  his
records.  His records do refer to a back injury,  which  occurred  after  an
incident of heavy lifting in 1971 and a car accident in 1983.   DPPD  states
it seem unusual he would  never  make  mention  of  this  event  to  medical
providers when seeking treatment later for his back  strain  and  headaches.
 He claimed he began having migraines in 1955 after this incident;  however,
his records show he was treated for a history of migraines on 14 Oct 53  and
4 Nov 53.  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 11  Mar
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
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.  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-
02505 in Executive Session on 11 Jan 06, under the  provisions  of  AFI  36-
2603:

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

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 7 Aug 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 3 Mar 05, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 11 Mar 05.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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