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AF | BCMR | CY2006 | BC-2004-03786-2
Original file (BC-2004-03786-2.DOC) Auto-classification: Denied

ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03786
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE: 18 Jul 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

STATEMENT OF FACTS:

On 12 Jan 06, the Board considered and denied applicant's request  that  his
service-connected prostate gland condition be assessed as combat related  as
due to exposure to Agent  Orange.   For  an  accounting  of  the  facts  and
circumstances surrounding the applicant’s request and the rationale  of  the
earlier decision by the Board, see the Record of Proceedings at Exhibit F.

In his most recent submission, applicant now requests his limited motion  in
the lumbar and cervical spine and limited motion of the arms be assessed  as
combat  related.   Applicant  provided  numerous  statements  in  which   he
contends, amongst other things, that his conditions are  the  result  of  an
automobile accident, heavy lifting while performing his food service  duties
and lifting while on detail unloading aircraft.  He  contends  that  because
of racial issues he was denied a retirement physical and had he  been  given
one his injuries would have been documented.   In  support  of  his  request
applicant provided documentation  associated  with  his  CRSC  appeal.   His
complete submissions, with attachments, are at Exhibit G.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states  while  military  service  can  be
stressful, chronic conditions developed through the  performance  of  normal
service are not usually found to be combat related.  To approve CRSC,  clear
documentation must be  provided  which  links  the  condition  to  a  combat
related factor rather than to the  individual's  physical  make-up  or  some
other routine cause.  Since he was injured in an automobile accident,  these
injuries are not considered combat related.  For  injuries  from  a  vehicle
accident to be considered combat related, a military vehicle (classified  as
an instrumentality of war) must have been the cause of the accident.

The DPPD evaluation is at Exhibit H.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response to the Air  Force  evaluation,  applicant  provided  several
statements  in  which  he  reiterates  contentions  previously  made.    His
complete responses, with attachments are at Exhibit I.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice.  After a review of the  available  evidence
of record, it is our opinion that the additional  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 again 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.

2.  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 issue  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-
03786 in Executive Session on 28 Apr 06, under the  provisions  of  AFI  36-
2603:

      Mr. Thomas S. Markiewicz, Chair
      Mr. Christopher Carey, Member
      Mr. James W. Russell III, Member

The following documentary evidence was considered:

    Exhibit F.  Record of Proceedings, dated 12 Jan 06, W/Exhibits.
    Exhibit G.  Letter, Applicant, dated 17 Jan 06, w/atchs.
    Exhibit H.  Letter, AFPC/DPPD, dated 23 Feb 06.
    Exhibit I.  Letter, SAF/MRBR, dated 2 Mar 06.
    Exhibit J.  Letter, Applicant, dated 8 Mar 06, w/atchs.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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