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AF | BCMR | CY2007 | BC-2006-02048
Original file (BC-2006-02048.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02048
            INDEX CODE:  108.07

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  11 JAN 08

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical conditions,  lumbosacral  or  cervical  strain
and tinnitus, be  assessed  as  combat  related  in  order  to  qualify  for
compensation under the Combat Related Special Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The deciding authority did not give proper weight to his  CRSC  claim.   His
back was injured while pulling and lifting cargo during  a  flying  mission.
He attributes his tinnitus to  noise  exposure  he  experienced  during  his
career as an aircrew member.

In support of his request, the applicant provided  documentation  associated
with his CRSC application.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force  on  12
August  1980.   He  was  progressively  promoted  to  the  grade  of  master
sergeant, having assumed that grade effective and with a date of rank  of  1
September 1997.  He served  as  a  Loadmaster  Instructor  and  an  Aircraft
Armament Systems Craftsman.  On 31 August 2004, he was relieved from  active
duty and retired from the Air Force  on  1  September  2004,  having  served
23 years 9 months, and 22 days on active duty.

Available Department of Veterans Affairs (DVA) records  reflect  a  combined
compensable rating of 70% for his unfitting conditions.

His CRSC application was disapproved on 7 June  2006  based  upon  the  fact
that his service-connected medical conditions  were  determined  not  to  be
combat-related.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states the applicant  believes  his  back
condition is directly related to performing aircrew duties.  While there  is
mention of back pain after flying (on 27 August 2002), the provider  implied
that the injury related to the lifting and pulling the applicant  did  while
on the plane.  Injuries from lifting are not unique to military  service  or
combat situations; therefore,  to  qualify  for  CRSC,  some  combat-related
event  must  have  occurred  during  the  act  of  lifting  that  caused  or
aggravated the  injury.   DPPD  finds  nothing  to  support  approval  under
current CRSC criteria.

In regard to his tinnitus, DPPD must  have  evidence  that  this  condition,
which he attributes to noise  exposure  during  his  career  as  an  aircrew
member, manifested while in service.  As stated in the VA  Rating  Decision,
dated 21 March 2006, there was  no  record  of  treatment  or  diagnosis  of
tinnitus in service.  Without this in-service evidence, DPPD  is  unable  to
award CRSC for this condition.

Additionally, no evidence was submitted to confirm his conditions  were  the
direct result of armed conflict, hazardous service, instrumentality of  war,
or simulating war.

The DPPD complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 27 October 2006, the  evaluation  was  forwarded  to  the  applicant  for
review and comment within 30 days  (Exhibit  D).   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 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-
02048 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 16 Jun 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 18 Oct 06.
    Exhibit D.  Letter, SAF/MRBR, dated 27 Oct 06.




                                   THOMAS S. MARKIEWICZ
                                   Chair


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