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AF | BCMR | CY2006 | BC-2005-03898
Original file (BC-2005-03898.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03898
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  24 Jun 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

His medical records are incomplete and were lost for over a year due to  the
evacuation of Clark AB, PI.  His injuries started during  his  first  combat
tour in 1968.  However, pilots were rarely  placed  in  Duty  Not  Including
Flying (DNIF) status due to the  need  to  fill  the  flying  schedule.   He
completed over 400 combat missions and has no documentation of the  numerous
G injuries he received.  Many times while deployed and an  injury  occurred,
a permanent record was not made of the event.   Other  times  injuries  were
not treated until days or weeks after the initial strain due to the type  of
injury.  As a result of the flight surgeon's advice, many times he  did  not
go to the flight surgeon for fear of being termed "chronic" and a  permanent
grounding.  His disabilities are the  result  of  repeated  flying  injuries
over the course of 25 years flying fighters.

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 was appointed a second lieutenant, Reserve of the Air Force  on  5
Aug 66 and was voluntarily ordered to extended active duty  on  17  Oct  66.
He was progressively promoted to the grade of colonel, having  assumed  that
grade effective and with a date of rank  of  1  Nov  87.   He  served  as  a
fighter pilot.  On 31 Oct 93, he voluntarily retired for years  of  service.
He served 27 years and 14 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 disapproved on 6 Dec 04 based upon  the  fact  that
his service-connected medical conditions were determined not to  be  combat-
related.  His application was subsequently approved for  limited  motion  in
cervical spine, rated at 10%.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD  states  no  evidence  can  be  found  to
support approval of his limited motion of the lumbar  spine.   The  evidence
indicates his limited motion in lumbar spine was caused by  sports  injuries
and heavy  lifting.  These  types  of  activities,  while  performed  during
military service, are not considered combat related.   Simply  being  in  an
armed conflict or exercise environment, being  in  a  military  vehicle,  or
performing hazardous service, in  and  of  itself,  does  not  automatically
qualify an individual for CRSC.  There  must  be  documentation  identifying
the specific cause of the injury or illness,  the  activities/events  taking
place at the time, and linking them to the resulting disability.

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 17  Feb
06 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.

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.

_________________________________________________________________

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-
03898 in Executive Session on 28 Apr 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 15 Dec 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 6 Feb 06, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 17 Feb 06.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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