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AF | BCMR | CY2007 | BC-2006-03136
Original file (BC-2006-03136.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-03136
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  NOT INDICATED

MANDATORY CASE COMPLETION DATE:  15 APRIL 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical conditions, Lumbar  Strain  with  Degenerative
Disc Disease and  Degenerative  Disc  Disease  (Cervical),  be  assessed  as
combat related in  order  to  qualify  for  compensation  under  the  Combat
Related Special Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Applicant provides no contentions.

In support of his request, applicant provides a copy of his  DD  Form  2697,
Report of Medical Assessment.  His complete submission, with attachment,  is
at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 1 February 1998, the applicant retired from the Air Force  in  the  grade
of major, after serving 22 years, 2 months, and 17 days on active duty.

On 21 February 2006, the applicant’s  original  request  for  CRSC  for  his
Lumbar Strain with Degenerative Disc Disease and Degenerative  Disc  Disease
(Cervical)  was  disapproved.   He  appealed   the   decision,   which   was
disapproved on 22 September 2006.

Available Department of Veterans Affairs (DVA) records reflect a  VA  Rating
Decision, dated 1 September 1999, combined compensable  rating  of  30%  for
his unfitting conditions.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD advises  that  the  applicant’s  service-
connected disabilities of Lumbar Strain with Degenerative Disc  Disease  and
Degenerative Disc Disease (Cervical) do not meet the mandatory criteria  for
compensation under the CRSC program.

The DPPD complete 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  12
January 2007 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,  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
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-2006-03136
in Executive Session on 17 May 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  Docket  Number  BC-2006-
03136 was considered:

    Exhibit A.  DD Form 149, dated 4 Oct 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 5 Jan 07.
    Exhibit D.  Letter, SAF/MRBR, dated 12 Jan 07.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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