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AF | BCMR | CY2007 | BC-2006-02312
Original file (BC-2006-02312.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02313
            INDEX CODE:  108.07
            COUNSEL:  DVA
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  5 FEBRUARY 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His  service-connected  medical  conditions,  Spinal  Disc   Condition   and
Prostate Gland Condition, be assessed as combat related in order to  qualify
for compensation under the Combat Related Special Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was medically retired for spinal injuries that were incurred as a  flight
officer.  His B-52 was always ready for war.  He was  always  on  alert  and
frequently required to scramble.  His spinal disc condition was  the  result
of a slip on the ice while he responded to an alert and scrambled to get  to
his aircraft.  All of his “alerts” were assimilated combat exercises.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 1 October 1963, after serving 20 years, 5 months, and 22  days  of  total
active service, the applicant was medically retired due to his condition  in
the grade of major.

On 2 March 2006, the applicant’s original request for CRSC  for  his  Spinal
Disc Condition and Prostate Gland Condition was disapproved.

Available Department of Veterans Affairs (DVA) records reflect a  VA  Rating
Decision, dated  29  February  2004,  compensable  rating  of  70%  for  his
unfitting conditions.
_________________________________________________________________




AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD advises there is no evidence  to  support
the applicant’s claim that his back  condition  was  due  to  a  slip  while
responding to an alert scramble.  Additionally, the  events  themselves  are
not considered combat-related.  When considering chronic conditions such  as
Prostatitis under the CRSC guidelines, DPPD advises, it is  often  difficult
to determine the definitive cause.  To  approve  CRSC,  clear  documentation
must be provided which  links  the  condition  to  a  combat-related  factor
rather than to the individual’s  physical  make-up  or  some  other  routine
cause.  The DPPD complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was sent to the applicant on 17  November
2006 for review and comment within 30 days.  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 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, 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-2006-02313
in Executive Session on 17 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 was considered:

    Exhibit A.  DD Form 149, dated 27 Apr 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 7 Nov 06.
    Exhibit D.  Letter, SAF/MRBR, dated 17 Nov 06.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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