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AF | BCMR | CY2006 | BC-2005-02116
Original file (BC-2005-02116.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02116
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 9 Jan 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

His injury was incurred attempting to dislodge an airdrop pallet from  a  C-
130 aircraft.   This  was  done  during  simulated  war  conditions  and  is
hazardous service based on the fact he  was  receiving  hazardous  duty  and
incentive pay at the time.

In support of his request, applicant provided 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  20
Feb 76.  He was  progressively  promoted  to  the  grade  of  senior  master
sergeant, having assumed that grade effective and with a date of rank  of  1
Apr 97.  He served as  a  Traffic  Management  Journeyman  and  an  Aircraft
Loadmaster.  He voluntarily retired from the Air Force on 30 Sep 03,  having
served 27 years, 7 months, and 11 days on active duty.

Available Department of Veterans Affairs (DVA) records  reflect  a  combined
compensable rating of 50% for his unfitting conditions.

His CRSC application was partially approved on  19  May  04,  for  tinnitus,
rated at 10  percent.   His  remaining  service  connected  conditions  were
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  his  service  medical  records
reveals an  entry  dated  29  Oct  80,  indicating  he  was  involved  in  a
motorcycle/car accident and he suffered a fractured tibia-fibula; on  4  Aug
97, he complained of low back pain which he associated with  pallet  pushing
since 1991; and entries for complaints of low back pain dated 11 Jan 01,  18
Nov 02, and 27 Oct 03.  While his condition was deemed service connected  by
the DVA, their standard is to resolve doubt in the interest of the  veteran.
 Simply being in an armed conflict  of  exercise  environment,  being  in  a
military vehicle, or performing hazardous  service  does  not  automatically
qualify an individual for CRSC.  What caused the injury must  be  looked  at
and the resulting disability.  As such,  many  disabilities  are  ineligible
for this program.

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 29  Jul
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
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-
02116 in Executive Session on 6 Feb 06, under  the  provisions  of  AFI  36-
2603:

      Mr. Thomas S. Markiewicz, Chair
      Mr. Michael V. Barbino, Member
      Mr. James W. Russell III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 29 Jun 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 26 Jul 05.
    Exhibit D.  Letter, SAF/MRBR, dated 29 Jul 05.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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