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AF | BCMR | CY2007 | BC-2006-02905
Original file (BC-2006-02905.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02905
            INDEX CODE:  108.07
      LUCIAN M. MOORE  COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  16 SEPTEMBER 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

His back was injured during an air drop  in  Vietnam  in  1964.   He  states
medical records were kept in the Philippines and during  that  time  limited
records were forwarded from Vietnam.

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

His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 1 May 1974, the applicant retired from the Air  Force  in  the  grade  of
master sergeant, after serving 20 years, 6  months  and  5  days  on  active
duty.

Available Department of Veterans Affairs (DVA) records  reflect  a  combined
compensable rating of 30% for his service-connected conditions.

His initial request for CRSC compensation was disapproved on 18 August  2004
because evidence was not provided to confirm his disability was  the  direct
result of armed conflict, hazardous  service,  instrumentality  of  war,  or
simulating war.

_________________________________________________________________




AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD provides  a  review  of  the  applicant’s
medical records and states the applicant claims his disability was  incurred
as a direct result of a fall during an airdrop in Vietnam in  which  he  was
assisting a loadmaster during  an  airdrop,  when  the  pilot  had  to  bank
sharply during heavy ground fire; he lost his footing, causing him  to  fall
on his back.  There was no evidence provided  to  confirm  the  incident  he
described.  In order to a make a determination on  his  condition  the  CRSC
Board ordered his service medical record from the DVA; however, no  evidence
was found to confirm this condition was  combat-related.   Furthermore,  the
additional medical documentation provided with his application  are  medical
records dated after he retired,  in  which  there  is  no  new  evidence  to
confirm his condition was a result of  the  incident  he  describes.    DPPD
states this condition does not meet the mandatory criteria for  compensation
under the CRSC program.

The complete 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  27
July 2007 (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.  The available evidence of record does  not
support  a  finding  that  the  service-connected  medical   condition   the
applicant believes is combat-related was 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
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 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 this application in  Executive
Session on 2 November 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 AFBCMR  Docket  Number  BC-
2006-02905 was considered:

    Exhibit A.  DD Form 149, dated 5 September 2006, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 12 July 2007.
    Exhibit D.  Letter, SAF/MRBR, dated 27 July 2007.




                                   THOMAS S. MARKIEWICZ
                                   Chair





[pic]

Office of the Assistant Secretary

AFBCMR
1535 Command Drive
EE Wing, 3rd Floor
Andrews AFB MD  20762-7002

XXXXXXX
XXXXXXX
XXXXXXX

Dear XXXXXXX

      Reference your application submitted under the provisions of AFI 36-
2603 (Section 1552, 10 USC), AFBCMR BC-2006-02905.

      After careful consideration of your application and military
records, the Board determined that the evidence you presented did not
demonstrate the existence of error or injustice.  Accordingly, the Board
denied your application.

      You have the right to submit newly discovered relevant evidence for
consideration by the Board.  In the absence of such additional evidence,
a further review of your application is not possible.

      BY DIRECTION OF THE CHAIR





                                  GREGORY E. JOHNSON
                                  Chief Examiner
                                  Air Force Board for Correction
                                  of Military Records

Attachment:
Record of Board Proceedings

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