RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-00131
            INDEX CODE:  108.07

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  22 JUL 08

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APPLICANT REQUESTS THAT:

His service-connected  medical  condition,  degenerative  arthritis  of  the
spine, 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  condition.   He  suffered
disc damage, on or about 25 January 1991 (torn  disc’s,  bulges)  responding
to an alarm signal during the first  Gulf  War.   The  alarm  signal  was  a
warning of inbound SCUD Missiles.  This was common at  Shaik  Isa  Air  Base
Bahrain during the Gulf War.  He believes being injured while  taking  cover
during a SCUD attack qualifies for CRSC.   He  further  states  he  was  not
diagnosed with arthritis, but with an intervertebral disc syndrome.

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

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force  on  10
June 1985.  He was progressively promoted to the grade of  master  sergeant,
having assumed that grade effective and with a  date  of  rank  of  1  March
2002.  He served as an Aircraft Fuels Systems Craftsman.  On 30  June  2005,
he was relieved from active duty and retired from the Air Force  on  1  July
2005, having served 20 years and 21 days on active duty.

Available Department of Veterans Affairs (DVA) records  reflect  a  combined
compensable rating of 20% for his unfitting conditions.

His CRSC application was approved on 3 January 2007 for  tinnitus  rated  at
10%; however, his diagnosis of  degenerative  arthritis  of  the  spine  was
disapproved  based  upon  the  fact  that  his   service-connected   medical
condition was determined not to be combat-related.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states it is apparent the  applicant  had
significant treatment for his back condition while on active duty;  however,
no evidence can be found to substantiate  his  claim  that  the  injury  was
incurred  while  running  for  cover   during   a   SCUD   missile   attack.
Additionally, his own history of  back  injuries,  provided  to  his  doctor
through  the  email,  dated  17 March  2004  attributes  his  back  problems
primarily to heavy lifting, and makes no mention of the  incident  described
in his CRSC application and his DD Form 149, Application for  Correction  of
Military Records.

Injuries from  lifting  are  not  unique  to  military  service  or  combat;
therefore, to be approved, there must be clear evidence  that  some  combat-
related factor occurred during the act of lifting that aggravated or  caused
the injury.  No such evidence can be found.

Simply being in an armed  conflict  or  exercise  environment,  being  in  a
military  vehicle,  or  performing  hazardous  service  (flight  crew,  EOD,
pararescue, etc.) does not automatically qualify an individual for CRSC.

The DPPD complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and  states  the  proof  he  has  been
asked to provide does not exist.  The initial  injuries  to  his  back  took
place during his eighth  month  of  deployment  to  Bahrain  for  operations
Desert Shield/Desert Storm.  Since he was deployed without medical  records,
the Air Force generated  no  documentation  that  substantiate  his  initial
injuries and treatment.  None of the subsequent injuries  specify  simulated
combat operations because there had been no reason to  include  those  facts
in medical records during that time.

His back had been injured several times throughout his career.  Most  of  it
directly related to the war or an instrumentality of  war  (manually  moving
and loading external fuel tanks  or  hydrazine  tanks  for  aircraft  during
exercises).  His first visit to the Eielson Alaska Clinic was  a  result  of
injury related to lifting F-16 external fuel  tanks  (empty  weight  of  443
pounds) in simulated combat operations.

Applicant’s complete response is at Exhibit E.

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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
condition the applicant believes is combat-related was 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
compelling  basis  to  recommend  granting  the  relief   sought   in   this
application.

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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-2007-
00131 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 13 Jan 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 14 Feb 07.
    Exhibit D.  Letter, SAF/MRBR, dated 16 Feb 07.
    Exhibit E.  Letter, Applicant, undated.




                                   THOMAS S. MARKIEWICZ
                                   Chair