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AF | BCMR | CY2006 | BC-2006-00152
Original file (BC-2006-00152.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00152
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  17 JULY 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

His  service-connected  medical  conditions,  spinal  disc  conditions   and
neuralgia of median and sciatic  nerves  be  reevaluated  under  the  Combat
Related  Special  Compensation  (CRSC)  program  so  he  may   qualify   for
compensation under the CRSC program.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His condition of neuralgia of median and sciatic nerves was a result of  his
diabetes which was due to his exposure to  Agent  Orange  while  in  Vietnam
from  1971-1972.   During  these  periods,  he  underwent  extensive  combat
related training to include deployments.  He underwent weapons  and  tactics
training that included small  arms  training,  erecting  tents  for  bivowac
area, establishing perimeter security,  crawling  on  the  ground,  running,
searching out and repelling enemy attacks  under  simulated  war  conditions
including bombings and  rocket  attacks  while  maintaining  and  performing
heavy construction tasks.

In support of his request, applicant provided  a  personal  statement.   His
complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant entered active duty on 10  January  1958.   He  was  progressively
promoted to the grade of senior master sergeant, having assumed  that  grade
effective and with a date  of  rank  of  1 June  1977.   He  served  in  the
Republic of  Vietnam  from  1  March  1971  through  8  December  1971.   He
voluntarily retired from the Air Force on 31 July  1979,  having  served  21
years, 6 months and 21 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 partially approved on 9 January 2004, for  diabetes
mellitus and arteriosclerotic heart disease.  His  request  for  his  spinal
disc conditions were disapproved because there was no  evidence  to  confirm
these disabilities were the  direct  result  of  armed  conflict,  hazardous
service, instrumentality of war, or simulating war.    His  application  was
reconsidered  for  his  back  conditions  along  with  review  of  some  new
conditions--neuralgia of the median and sciatic nerves--which are  secondary
to his spinal disc conditions.  This request  was  also  disapproved  on  17
October 2005.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.   DPPD  advises  that  based  on  the  evidence
provided, no documentation exists  to  substantiate  any  injuries  resulted
from the training  described  by  the  applicant  and  his  service  medical
record.  The circumstances described  by  the  applicant  do  not  meet  the
guidelines for being considered combat-related.  Although military  training
and many military duties can be strenuous, conditions developed through  the
performance of normal service are  not  usually  considered  combat-related.
DPPD states for CRSC to be awarded, there must be evidence of a direct  link
between the combat-related training and the injury itself.

The AFPC/DPPD complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states he disagrees  with  the  evaluation  because  his  exercise
training and deployments fit the criteria outlined in the DD Form 2860.   He
is the type of individual that always put his Air Force career, the  mission
of the organization and the mission of the United  States  Air  Force  first
and did not seek medical attention for every  ache  and  pain.   He  endured
pain and discomfort for mission accomplishment.   The  applicant's  complete
response, with attachments, 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
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
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  Docket  Number  BC-2006-00152
in Executive Session on 23 August 2006, under  the  provisions  of  AFI  36-
2603:

      Mr. Thomas S. Markiewicz, Chair
      Mr. Richard A. Peterson, Member
      Mr. Alan Blomgren, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2006-
00152 was considered:

    Exhibit A.  DD Form 149, dated 15 Jan 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 10 Apr 06.
    Exhibit D.  Letter, SAF/MRBR, dated 21 Apr 06.
    Exhibit E.  Letter, Applicant, dated 1 May 06.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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