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AF | BCMR | CY2007 | BC-2004-02705
Original file (BC-2004-02705.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02705
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  21 FEBRUARY 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

The circumstances which led to his  injury  were  hostile  conditions  in  a
combat zone.  Jumping from a helicopter  with  equipment  landing  and  then
having to run in a crouched position to avoid enemy  fire  are  what  caused
his spine injury.  The actions taken to avoid fire and  the  resultant  disc
condition have probably been more life altering than being wounded.

In support of his request, applicant provides a  personal  statement  and  a
copy of his CRSC  application  with  associated  documents.    His  complete
submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 31 July 1991, the applicant retired from the Air Force in  the  grade  of
lieutenant colonel, after serving 24 years, 1 month, and 13 days  on  active
duty.

On 19 August 2004, the applicant’s original request for CRSC  for  his  back
condition was disapproved.  He appealed the decision, along with  requesting
CRSC for other conditions associated with exposure  to  Agent  Orange.   His
appeal  was  partially  approved  on  17  August  2005;  however,  his  back
condition was again disapproved.

Available Department of Veterans Affairs (DVA) records reflect a  VA  Rating
Decision, dated  19  February  1992,  compensable  rating  of  10%  for  his
unfitting condition.
_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD advises that available  evidence  in  his
service record does not substantiate  the  applicant’s  description  of  the
events leading up to his injury.  Additionally, there  is  medical  evidence
that indicates his back condition began prior to September 1967,  which  was
well before his tour in Vietnam.  DPPD advises that  without  some  evidence
from the period of service which corroborates his claims, DPPD is unable  to
justify approval of CRSC.

The DPPD complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states he knows that his back injury was a  result  of  lifting  a
heavy generator from a helicopter in a “hot landing zone”  and  running  for
cover while carrying it in a crouched position.  If  he  had  been  in  non-
hostile, non-life threatening  lifting  conditions,  utilizing  proper  body
mechanics, the injury would not have happened.  Applicant  states  that  the
September 1967 medical entry was done while he was in  pilot  training.   He
was flying the T-37 trainer and had a parachute strapped to his back.   This
type of complaint was  a  common  occurrence  with  student  pilots  and  to
alleviate the problem, inflatable kidney packs were readily  available.   If
this had been a  “chronic  condition,”  there  would  have  been  additional
evidence of this in his medical history over the next  three  and  one  half
yeas prior to the Vietnam injury.  The applicant’s complete  letter,  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
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
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-2004-02705
in Executive Session on 16 January 2007, under the  provisions  of  AFI  36-
2603:

            Mr. Thomas S. Markiewicz, Chair
            Mr. Michael V. Barbino, Member
            Mr. Alan A. Blomgren, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2004-
02705 was considered:

    Exhibit A.  DD Form 149, dated 17 Aug 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 2 Oct 06.
    Exhibit D.  Letter, SAF/MRBR, dated 13 Oct 06.
    Exhibit E.  Letter, Applicant, dated 27 Oct 06.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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