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AF | BCMR | CY2007 | BC-2004-00986
Original file (BC-2004-00986.DOC) Auto-classification: Denied

ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00986
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  11 Aug 08

_________________________________________________________________

APPLICANT REQUESTS THAT:

The service-connected medical condition, spinal disc condition, be  assessed
as combat related in order to qualify  for  compensation  under  the  Combat
Related Special Compensation (CRSC) Act.

_________________________________________________________________

STATEMENT OF FACTS:

On 23 May 05, the Board considered  and  by  a  majority  vote,  recommended
denial  of  a  similar  appeal.   The  Secretary's  designee  accepted   the
recommendation of the  Board  majority  and  denied  the  request.   For  an
accounting of the facts and circumstances surrounding  the  appeal  and  the
rationale of the earlier decision, see the Record of Proceedings at  Exhibit
G.  In this most recent submission, applicant contends that  due  to  combat
fatigue his back was injured after falling while exiting a combat  aircraft.
 In support of the request, applicant  provided  a  personal  statement  and
literature  discussing  the  effects  of  combat  fatigue.    The   complete
submission, with attachments, is at Exhibit H.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

After again reviewing the evidence of record  and  the  additional  evidence
provided by  the  applicant,  it  remains  our  opinion  that  the  service-
connected medical condition the applicant believes  is  combat-related  does
not meet the strict requirements to qualify for compensation under the  CRSC
Act.   Applicant  contends  his  back  condition  qualifies  for   CRSC   as
incidental to a fall from a military aircraft.  Applicant  further  contends
that combat fatigue  after  a  10-hour  mission  contributed  to  the  fall.
However, under the qualifying criteria, CRSC approval must be based  upon  a
definite, documented causal relationship between the  combat-related  factor
and the resulting disability.  Notwithstanding the  applicant's  assertions,
a thorough review of the  available  military  records  does  not  show  any
corroborative evidence which would support a  combat-related  determination.
In view of the above, we find no basis upon which to  reverse  the  previous
determination.

_________________________________________________________________

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-2004-
00986 in Executive Session on 6 Apr 05, under  the  provisions  of  AFI  36-
2603:

      Mr. Thomas S. Markiewicz, Chair
      Mr. James W. Russell III, Member
      Mr. Christopher Carey, Member

The following documentary evidence was considered:

   Exhibit G.  Record of Proceedings, dated 23 May 05, w/Exhibits.
   Exhibit H.  Letter, Applicant, dated 12 Dec 06, w/atchs.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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