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AF | BCMR | CY2006 | BC-2005-00472
Original file (BC-2005-00472.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00472
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  13 Aug 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

His condition is the result of his duties as a navigator.

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 entered active duty on 27 Mar 62.  He was  progressively  promoted
to the grade of colonel, having assumed that  grade  effective  and  with  a
date of rank of 1 Jan 83.  He  served  a  variety  of  positions  including,
Navigator/Flight   Examiner,   Assistant   Staff   Navigator,    Procurement
/Contractor, Deputy Acquisition Management, Contracting  Deputy,  and  as  a
Vice Commander.  On 31 Mar 92, he voluntarily retired for maximum  years  of
service.  He served 30 years, and 5 days on active duty

Available Department of Veterans Affairs (DVA) records  reflect  a  combined
compensable rating of 30% for his unfitting conditions.

His CRSC application was approved on 28 Dec  04  for  impaired  hearing  and
tinnitus.  His back strain was disapproved based  upon  the  fact  that  the
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  his  back  strain  is  not  combat  related.   Routine
performance of duties is not sufficient to warrant approval of  compensation
under CRSC.  Some acute combat related event  must  have  occurred  such  as
diving for cover  during  a  rocket  attack  or  straining  the  back  after
ejecting from an aircraft in order to award CRSC.  No evidence can be  found
to confirm an acute event occurred.  His  records  do  not  show,  while  in
service, a combat-related event or events that were the direct cause of  his
disabilities.

The DPPD evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responded that his back strain is  not  attributable  to  any  one
instance but rather  to  actions  taken  in  performance  of  duties  during
combat,  hazardous  service  and  during  war  games  and  exercises.    The
disability occurred while serving as a combat navigator on  AC-119  Gunships
while in Vietnam.  The disability also occurred while engaged  in  hazardous
service on board C-124 and C-141 aircraft flying into  and  out  of  Vietnam
and Thailand and the Dominican Republic during a hostile conflict  in  1965.
His condition was exacerbated because of the position required at the  Night
Observation Scope crew position and by actions taken at his crew station  on
the C-124 and C-141.  Under the definition for CRSC there is no  requirement
other than that the disability be the result of  performing/operating  under
these conditions.  None of the information provided to him  indicates  "some
acute combat-related event must have occurred."

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-
00472 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 31 Jan 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 3 Mar 05.
    Exhibit D.  Letter, SAF/MRBR, dated 11 Mar 05.
    Exhibit E.  Letter, Applicant, dated 22 Mar 05.
    Exhibit F.  Letter, Applicant, dated 3 Oct 05.
    Exhibit G.  Letter, SAF/MRBC, dated 7 Oct 05.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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