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AF | BCMR | CY2008 | BC-2007-00865
Original file (BC-2007-00865.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-00865
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical condition, neuralgia of the sciatic nerve,  be
assessed as combat-related in order to qualify for  compensation  under  the
Combat Related Special Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His disability occurred during basic training.  It was not a specialized  or
advanced training but the basic training at Camp Grant prepared him for  the
role of soldierly survival as well as the basic medical  skills  to  perform
his assigned tasks as a  combat  medic.   On  frequent  occasions  he  found
himself in a strip of terrain called no-mans land and he  is  quite  certain
that some wounded combat infantry men were glad and relieved to have him  at
their side.

In support of his request, the applicant provided a personal  statement  and
documentation associated with his CRSC application.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered active duty in the Regular Air  Force  on  26 February
1944.  He was progressively promoted to the  grade  of  lieutenant  colonel,
having assumed that grade effective and with a date of rank of 29 May  1971.
 He served as a Supply Officer.  On 26 September 1982,  he  retired,  having
served 27 years, 1 month, and 21 days on active duty.

His CRSC application was disapproved on 29  November  2004  based  upon  the
fact that his service-connected medical condition was determined not  to  be
combat-related.  He appealed the decision on 13 November 2006  and  8  March
2007 and his appeals were disapproved.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.   DPPD  states  it  is  evident  the  applicant
sought treatment for sciatic pain  during  service;  however,  there  is  no
evidence to indicate this condition was directly caused by  armed  conflict,
hazardous service, instrumentality of war, or simulating war.   To  consider
a disability  claimed  as  combat-related,  the  disability  must  meet  the
rigorous standards  established  for  combat-related  disabilities  and  not
merely have a service connection.  Therefore, there  must  be  documentation
that shows the direct combat-related cause of each disability.  A review  of
his record contained no evidence to confirm his disability  was  the  direct
result of a combat-related factor.  Having incurred the disability while  in
basic training or on active duty, in and of itself,  is  not  sufficient  to
support approval of his request.

The complete DPPD evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and states that  during  WWII  initial
treatment and evacuation on the  battlefield  was  done  by  combat  medics,
normally a litter/bearer team.  Camp Grant taught him  the  soldiery  skills
for survival - obstacle and infiltration  courses,  gas  alerts,  explosives
and small arms, cover and concealment.   He  learned  how  to  be  a  combat
medic.  He was lectured, practiced and performed the basic knowledge of  the
anatomy -  controlling  bleeding  by  tourniquet  or  digital  pressure  and
recording, application of bandages to different parts of the body,  the  use
of morphine surrettes (when needed) and recording how to carry the litter.

It was during his training at Camp Grant that he incurred the disability  of
neuralgia of the sciatic nerve (more  to  the  right  leg  than  left  leg).
After training he then reported to Camp Reynolds, PA, a processing camp  for
overseas assignments.  While there he was treated for  his  right  sciatica.
After several weeks he went to Camp Shanks, NY, a port  of  embarkation  and
arrived in England shortly later then France.  No further  medical  training
was ever received after Camp Grant.  By slow motor  convoy  he  was  finally
assigned to  the  30th  Infantry  Division,  117th  Infantry  Regiment,  2nd
Medical Aid Station as a combat medic - litter/bearer.

The applicant's complete response, with attachment, 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 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 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-
00865 in Executive Session on 2 December 2008, 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 14 March 2007, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPD, dated 5 August 2008, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 29 August 2008.
   Exhibit E.  Letter, Applicant, dated 8 September 2008, w/atch.



                                   THOMAS S. MARKIEWICZ
                                   Chair

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