RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00659
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 28 Aug 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His records be corrected to show that he injured himself  when  he  fell
off an aircraft ladder.

2.  His service-connected medical conditions, impairment of femurs,  limited
motion  in  lumbar  spine,  lower  leg  condition  (both  knees),   shoulder
condition, and degenerative disc disease - cervical spine,  be  assessed  as
combat related in  order  to  qualify  for  compensation  under  the  Combat
Related Special Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He fell off an aircraft after the ladder slipped and was taken by  ambulance
to the hospital.  The medical  examiners  failed  to  make  entries  of  the
incident in his medical records.  He completed an  accident  report  at  the
time but it cannot be located.

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

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force  on  27
May 55.  He was progressively promoted to  the  grade  of  master  sergeant,
having assumed that grade effective and with a date of rank  of  1  May  70.
He served as a Telephone Equipment Installation and Repair  Technician.   He
voluntarily retired from the Air Force on 31 Aug 75, having served 20  years
and 27 days on active duty.

Available Department of Veterans Affairs (DVA) records  reflect  a  combined
compensable rating of 80% for his unfitting conditions.

His CRSC application was approved for impaired hearing  and  tinnitus.   The
remaining conditions were disapproved based upon the fact that the  service-
connected medical conditions were 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 impairment of  femurs,  limited  motion  in  lumbar
spine,  lower  leg  condition  (both   knees),   shoulder   condition,   and
degenerative disc disease - cervical spine  are  not  combat  related.   His
records reveal no evidence of the incident in which he claims  his  injuries
were incurred.  He  indicated  the  event  occurred  during  the  winter  of
1964/1965.  medical documentation indicate his  arthritic  conditions  began
prior to the alleged incident.  No evidence from the time of the  event  can
be found to corroborate his  contentions.   When  considering  the  injuries
claimed, the most reliable evidence would be documentation prepared  at  the
time of the incident.  Accounts prepared many years after-the-fact  are  not
considered  as  reliable.   Additionally,  injuries  from  falling  are  not
eligible for compensation under CRSC guidance unless evidence clearly  shows
some combat related event caused the fall.

The DPPD evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant  provided  numerous  letters  in  response  to   the   Air   Force
Evaluation.  He reiterates his previous contentions and  adds  that  he  had
signs of arthritis for 10 years before the fall but the fall  attributed  to
the arthritis spreading throughout his body.   He  adds  that  the  accident
occurred during an  evaluation  simulating  Air  Defense,  and  provided  an
account of the incident as it occurred.

His complete responses are at Exhibits E through H.

_________________________________________________________________

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.  Based  upon  a  review  of  the  available
evidence of record and the documentation provided in support of his  appeal,
we are not persuaded that amendment of his service records as  requested  is
justified.  Therefore, we do not believe approval of  that  portion  of  his
request is warranted.  In regard to his request that  his  service-connected
medical conditions be assessed as combat related, 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-2005-
00659 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 17 Feb 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 5 May 05.
    Exhibit D.  Letter, SAF/MRBR, dated 13 May 05.
    Exhibit E.  Letter, Applicant, dated 3 Jun 05.
    Exhibit F.  Letter, Applicant, dated 16 Aug 05, w/atchs.
    Exhibit G.  Letter, Applicant, dated 26 Oct 05, w/atchs.
    Exhibit H.  Letter, Applicant, dated 17 Jan 06, w/atchs.




                                   THOMAS S. MARKIEWICZ
                                   Chair