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AF | BCMR | CY2006 | BC-2005-03611
Original file (BC-2005-03611.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03611
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  27 May 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  VASRD Code 5295 for his back injury be recoded to 5299.

2.  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:

The damage to his back  was  primarily  caused  by  the  high  "G"  whiplash
incident and the secondary cause is the well known problem  associated  with
the F-4 ejection seat design.

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 served in an enlisted status from 28 Dec  60  through  25 Jan  62.
He was appointed a second lieutenant, Reserve of the Air  Force  on  26  Jan
62.  He was progressively promoted to the grade  of  major,  having  assumed
that grade effective and with a date of rank of 21 Mar 72.  He served as  an
Electronic Warfare Officer, Pilot, and Air Operations Officer.   On  31  Dec
80, he voluntarily retired for years of service.  He served 20 years  and  3
days on active duty

Available Department of Veterans Affairs (DVA) records  reflect  a  combined
compensable rating of 10% for his unfitting conditions.

His CRSC application was approved for  his  condition  of  skeletal  system-
whiplash, rated at 0 percent.  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  provides  a  review  of  the  pertinent
medical record entries and states he believes his back strain is  due  to  a
high G-force maneuver which caused a whiplash injury in 1968.  There  is  no
evidence to support his contention that his back strain is  related  to  the
air maneuver which caused his neck injury.  The evidence of  record  relates
the condition  to  sports  injuries,  which  cannot  be  considered  combat-
related.

The DPPD evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responded that he believes the many problems he had with his  back
possibly began, but surely  were  made  worse  by  the  high  "G"  incident.
Surely it is not  unreasonable  to  believe  that  an  incident  which  over
stressed the aircraft would  leave  lasting  damage.   His  records  do  not
contain the numerous times he sought help for spinal problems.   During  the
five years he spent in  Italy  he  frequently  saw  an  Italian  doctor  who
treated him without generating any written record.

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.  Concerning  his  request  that  the  VASRD
Code assigned to his back injury be changed  to  5299,  this  Board  has  no
authority with respect to the correction of  VASRD  codes  assigned  by  the
Department of Veterans' Affairs  (DVA).   Therefore,  that  portion  of  his
request should be referred to the  DVA.   Regarding  his  request  for  CRSC
compensation, 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.  Accordingly, 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-
03611 in Executive Session on 28 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 21 Nov 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 28 Dec 05.
    Exhibit D.  Letter, SAF/MRBR, dated 6 Jan 05.
    Exhibit E.  Letter, Applicant, dated 24 Jan 05.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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