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AF | BCMR | CY2007 | BC-2006-02997
Original file (BC-2006-02997.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02997
            INDEX CODE:  108.07

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  3 APR 08

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical conditions,  spinal  disc  condition,  asthma,
and impairment of the femur, be assessed  as  combat  related  in  order  to
qualify for compensation  under  the  Combat  Related  Special  Compensation
(CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He desires CRSC for his service-connected medical conditions.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant with 20 years, 11 months, and 5 days on active duty  served  as  a
Physician Assistant.  On 31 August 1971, he was relieved  from  active  duty
and retired from the Air Force on 1 June 1988  in  the  grade  of  technical
sergeant.

Available Department of Veterans Affairs (DVA) records  reflect  a  combined
compensable rating of 80% for his unfitting conditions from 18 August 1997.

His CRSC application was disapproved on 4 November 2003 based upon the  fact
that his service-connected medical conditions  were  determined  not  to  be
combat-related.  He appealed the decision and the Board denied his  requests
on 5 April and 27 July 2006.

_________________________________________________________________




AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states the applicant  contends  his  back
and leg conditions were the result of a fall he  experienced  in  1970,  and
that his asthma was the result of being exposed to a variety  of  gases  and
herbicides during combat exercises.

Injuries  from  falls  are  not  unique  to  military  service  or   combat;
therefore, when evaluating injuries resulting from  falls,  the  board  must
look at the cause of the  fall  to  determine  if  that  cause  was  combat-
related.  To be approved, there must be clear evidence  that  the  fall  was
the result of a combat-related factor, such as diving  for  cover  during  a
rocket attack or the concussion from a bomb blast knocking  the  veteran  to
the ground.  No  such  evidence  can  be  found  regarding  the  applicant’s
conditions.  Additionally, there is no evidence that his asthma  is  related
to chemical exposure as claimed in his application.

The DPPD complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and states that his  military  records
do not reflect multiple hospital stays.  He  was  hospitalized  on  Whiteman
AFB  for  asthma/lung  related  problems  prior  to  1970.   He   was   also
hospitalized on Eglin  AFB  for  injuries  sustained  secondary  to  a  jump
injury.  The jump injury was witnessed by other airman  while  flying  local
base rescue training missions.  Further, his records do not mention the  two
week hospital stay at Fitzsimmons  Army  Medical  Center,  Colorado  in  the
early 1980s.

Applicant’s complete response is at Exhibit E.

_________________________________________________________________

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-
02997 in Executive Session on 17 May 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 25 Sep 06.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 12 Feb 07.
    Exhibit D.  Letter, SAF/MRBR, dated 16 Feb 07.
    Exhibit E.  Letter, Applicant, dated 3 Mar 07.





                                   THOMAS S. MARKIEWICZ
                                   Chair


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