RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02386
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  11 Feb 08

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His medical records be amended to include injuries  he  received  during
World War II (WWII).

2.  His service-connected  medical  conditions,  back  strain,  degenerative
arthritis and kidney stones, be assessed  as  combat  related  in  order  to
qualify for compensation  under  the  Combat  Related  Special  Compensation
(CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He wants his medical record updated  to  include  the  accident/injuries  he
sustained in WWII.  He was not aware his neck and back problems were  caused
from his accident in Dec 44.  While he was supervising the  recovery  of  an
aircraft stuck in soft ground, he was struck  in  the  abdomen  by  a  cable
which  catapulted  him  backwards.   He  struck  the  ground  on  his  rear,
resulting in severe pain to his buttocks and back and whiplash to his  neck.
 This injury was discovered when a doctor told him his back  and  neck  pain
had been caused by trauma. No  records  of  this  injury  apparently  exist,
probably because the accident occurred  in  a  fast  moving  forward  combat
area.  His experiences in tropical climates and  illness  caused  by  dengue
fever and scrub-typhus contributed  to  his  kidney  stones.   Further,  the
Department of Veterans Affairs (DVA) determined these conditions are combat-
related.

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

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

_________________________________________________________________

STATEMENT OF FACTS:

On 1 Jun  71,  applicant  retired  from  the  Air  Force  in  the  grade  of
lieutenant colonel after serving 28 years, 8 months, and 11 days  on  active
duty.

Available DVA records reflect a combined compensable rating of 70%  for  his
service-connected conditions.

His CRSC application was disapproved  on  15 Dec  06  because  his  service-
connected medical conditions were determined not to be combat-related.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD provides  a  review  of  the  applicant’s
medical records and states that in his original application,  the  applicant
indicated his conditions were  the  result  of  “strenuous  activities  over
time.  Due to lack of medical documentation confirming his military  service
had any impact on his conditions, his original application was  disapproved.
 Being struck by a cable does not meet the parameters of  any  of  the  CRSC
categories.  While the DVA may  have  determined,  under  their  guidelines,
that his injuries were combat-related, the  guidelines  for  CRSC  are  much
more stringent.  DPPD  must  have  documentation  identifying  the  specific
cause of the injury or illness, the activities/events taking  place  at  the
time,  and  linking  them  to  the  resulting  disability.   As  such,  many
disabilities that are  service-connected  by  the  DVA  are  ineligible  for
compensation under CRSC.  Had  the  aircraft  (an  instrumentality  of  war)
actually malfunctioned and caused  the  injuries,  and  clear  documentation
existed to confirm the aircraft malfunction was the cause, the  Board  could
approve CRSC for the applicant.  With regard to his kidney  stones,  chronic
conditions developed through the  performance  of  normal  service  are  not
usually found to be combat-related.  The DPPD evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant  on  1 Dec
06 (Exhibit D) 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.  It appears  the  applicant  is  requesting
his medical records be amended to include a statement that he  was  involved
in an accident during WWI that caused  traumatic  injury  to  his  back  and
neck.  Based upon a review of the  available  evidence  of  record  and  the
documentation provided in support of his appeal, we  do  not  find  evidence
that justifies insertion of the requested  statement.   Therefore,  approval
of that portion of his request is not warranted.  In regard to  his  request
that  the  service-connected  medical  conditions  be  assessed  as   combat
related, we are not persuaded by  his  assertions  that  the  conditions  he
believes are combat-related were 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
qualify for compensation under the CRSC Act.  Therefore, 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
he has not been the victim of an error or  injustice.   In  the  absence  of
persuasive 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-
02386 in Executive Session on 23 July 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 7 Aug 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 16 Nov 06.
    Exhibit D.  Letter, SAF/MRBR, dated 1 Dec 06.




                                   THOMAS S. MARKIEWICZ
                                   Chair