RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01010
            INDEX CODE:  108.07

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  31 JAN 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical  conditions,  degenerative  arthritis  of  the
spine, limited motion of the ankle, paralysis of sciatic  nerve,  and  major
depressive  disorder,  right  and  left  hip   strain/tendonitis,   erectile
dysfunction, left knee patellofemoral syndrome, and left  foot  pes  planus,
be assessed as combat related in order to  qualify  for  compensation  under
the Combat Related Special Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He has been refused CRSC for an accident (fall from a  ladder)  and  related
medical problems that occurred while engaged in an evaluation phase  of  war
training.

In support of his request, the applicant provided a personal  statement  and
documentation associated with his CRSC application.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant entered active duty on  12  August  1985.   He  was  progressively
promoted to  the  grade  of  master  sergeant,  having  assumed  that  grade
effective and with a date of rank  of  1 February  2001.   He  served  as  a
Structural Craftsman.  He was relieved from active duty on  31  August  2005
and retired from the Regular Air Force on 1 September  2005,  having  served
20 years and 19 days on active duty.

Available Department of Veterans Affairs (DVA) records  reflect  a  combined
compensable rating of 90% for his unfitting conditions.

His  CRSC  application  was  partially  approved  on  6  December  2005  for
lumbosacral or cervical strain rated at 20% (due  to  injuries  from  diving
into  a   foxhole);   however,   his   service-connected   disabilities   of
degenerative arthritis of the spine, limited motion of the ankle,  paralysis
of sciatic nerve, and major depressive disorder were disapproved because  no
evidence was provided to confirm these conditions were the direct result  of
armed conflict, hazardous service, instrumentality  of  war,  or  simulating
war.  He subsequently submitted  a  request  for  reconsideration  of  these
disabilities which was disapproved on 21 December 2005 based upon  the  fact
that his service-connected  medical  condition  was  determined  not  to  be
combat-related.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states  that  while  it  is  evident  the
applicant received significant  treatment  throughout  his  career  for  the
injuries directly relating and secondary to the fall from  the  ladder,  the
evidence does not clearly support his contention that the fall was due to  a
combat related factor.  DPPD finds nothing in the  available  evidence  that
would support the applicant’s claim that  he  caught  his  chemical  warfare
boot on the ladder, which led to the fall.  There is mention of him  wearing
a flack vest and web belt at the time, but nothing indicates this  equipment
caused the fall.  The preponderance evidence indicates the fall was  due  to
a misstep on the applicant’s part.

SF 600, Health Record – Chronological  Record  of  Medical  Care,  dated  27
December 2000, showed complaints of right hip pain.  No cause or trauma  was
noted.

SF 600, Health Record – Chronological  Record  of  Medical  Care,  dated  25
January 2001, indicated the applicant fell off a  ladder  in  December  2000
and caught his leg in one of the rungs.  He was treated for  right  hip  and
low back pain.

Additionally,  being  injured  in   an   exercise   environment   does   not
automatically qualify an individual for CRSC.

His  service-connected  disabilities  do   not   meet   the   criteria   for
compensation under the CRSC program

The DPPD complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded  to  the  applicant  on  21
July 2006 for review and comment within 30 days.   As  of  this  date,  this
office has received no response.

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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 an  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 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 an error or injustice; the application was  denied  without
a personal appearance; and 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-2006-
01010 in Executive Session on 16 January 2007, under the provisions  of  AFI
36-2603:

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

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 30 Mar 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 28 Jun 06.
    Exhibit D.  Letter, SAF/MRBR, dated 21 Jul 06.



                                   THOMAS S. MARKIEWICZ
                                   Chair