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AF | BCMR | CY2006 | BC-2005-00172
Original file (BC-2005-00172.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00172
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE: 15 Jul 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

His   service-connected   medical   conditions,   heart    prosthesis    and
intervertebral disc syndrome, be assessed as  combat  related  in  order  to
qualify for compensation  under  the  Combat  Related  Special  Compensation
(CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His back problem first occurred while flying a combat  training  mission  in
1975 simulating wartime conditions.  After the incident he informed  doctors
of the injury.  The fact that the doctors may or may not  have  written  his
back problem manifested  itself  while  he  was  flying  a  combat  training
mission does not lessen the facts  of  how  the  injury  occurred.   He  has
provided an affidavit of such.  A loud heart murmur developed  after  flying
long tedious hours in the Pacific, which evolved into the problem  requiring
surgery.

In support of his request,  applicant  provided  a  personal  statement,  an
affidavit and documentation  associated  with  his  CRSC  application.   His
complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant served in an enlisted status from 25 Jan 60 through 6 Jul 61.   He
was appointed a second lieutenant, Reserve of the Air Force  on  7  Jul  61.
He was progressively promoted to the grade of  major,  having  assumed  that
grade effective and with a date of rank of 1 Apr 71.  He served as a  pilot,
On 31 Jan 80, he voluntarily retired for years of  service.   He  served  20
years and 6 days on active duty.

His CRSC application was disapproved on 13 Jul 04 based upon the  fact  that
his service-connected medical condition was determined  not  to  be  combat-
related.  His impaired hearing was  subsequently  approved,  rated  at  zero
percent.

_________________________________________________________________
AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states a review of his  service  and  DVA
medical records failed to produce documentation shoWing the specific  causes
of his heart condition and intervertebral disc  syndrome.   His  records  do
not show, while in service, a combat-related event or events that  were  the
direct cause of these disabilities.

The DPPD evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states the affidavit  he  provided  was  supposed  to  update  his
records.  Rules allow for affidavits when  personal  records  may  be  lost,
incomplete, or  otherwise  unavailable.   Any  additional  records  are  now
inferior to the affidavit.  His  affidavit  substantiates  the  back  injury
manifested while on a combat training mission.

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 the Board majority's  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.  The Board  majority  agrees  with  the
opinion  and  recommendation  of   the   Air   Force   office   of   primary
responsibility and adopt its rationale as the  basis  for  their  conclusion
that the applicant has not been the victim of an  error  or  injustice.   In
the absence of evidence  to  the  contrary,  the  Board  majority  finds  no
compelling  basis  to  recommend  granting  the  relief   sought   in   this
application.

4.  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.

_________________________________________________________________
RECOMMENDATION OF THE BOARD:

A majority of the panel finds insufficient evidence of  error  or  injustice
and recommends the application be denied.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2005-
00172 in Executive Session on 4 Jan 06, under  the  provisions  of  AFI  36-
2603:

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

By a majority vote, the Board voted to deny the request.  Mr. Carey voted
to correct the record and did not desire to  submit  a  minority  report.
The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 7 Jan 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 8 Feb 05.
    Exhibit D.  Letter, SAF/MRBR, dated 18 Feb 05.
    Exhibit E.  Letter, Applicant, dated 7 Feb 05.




                                   THOMAS S. MARKIEWICZ
                                   Chair


MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
               FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of APPLICANT

      I have carefully reviewed the evidence of record and the
recommendation of the Board members.  A majority found that the applicant
had not provided sufficient evidence of error or injustice and recommended
the case be denied.  I concur with that finding and their conclusion that
relief is not warranted.  Accordingly, I accept their recommendation that
the application be denied.

      Please advise the applicant accordingly.




                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards
Agency


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