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AF | BCMR | CY2008 | BC-2007-01374
Original file (BC-2007-01374.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-01374
            INDEX CODE:  108.07
      XXXXXXX    COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected disability for back problem  be  assessed  as  combat-
related in order to  qualify  for  compensation  under  the  Combat  Related
Special Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His upper left shoulder and neck injury were  caused  by  a  sudden  violent
maneuver in an F-89 to avoid a collision during training of radar  intercept
officers.  He was assigned to the Air Force Institute for Technology  (AFIT)
at Texas A & M University, College Station, Texas but was attached to  James
Connally AFB, Waco Texas located 110 miles from  College  Station.   Besides
his annual physicals for eye examinations, his records for  the  two  and  a
half year period only has one entry.  It was impractical to  drive  to  Waco
for treatment.  Considering flying was not his primary duty while  at  Texas
A & M, he did not schedule himself to fly if his physical condition was  not
satisfactory.  He believes  the  circumstances  of  his  special  assignment
should be considered.  His medical  record  never  mentioned  back  problems
before this incident and he has numerous  entries  after  this  which  lends
support to the facts as he has described them.

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

The complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 1 November 1984, the applicant retired from the Air Force  in  the  grade
of colonel, after serving 28 years, 10 months and 26 days on active duty.

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

He initially applied for CRSC  for  impaired  hearing  and  inflammation  of
lower radicular nerves.  On 5  December  2006  both  were  disapproved,  his
impaired hearing as insufficient and the  inflammation  of  lower  radicular
nerves as non-combat related.  No evidence was  provided  to  confirm  these
disabilities were 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  although  aircrew  duties  can  be  strenuous,
conditions developed through the  performance  of  normal  service  are  not
usually considered combat-related.   When  considering  chronic  conditions,
such  as  inflammation  of  the  lower  radicular  nerves,  under  the  CRSC
guidelines, it may be difficult to determine that armed conflict,  hazardous
service, instrumentality of  war,  or  simulating  war  was  the  definitive
cause.  To  be  eligible  for  compensation,  clear  documentation  must  be
provided to indicate an injury occurred and was caused by  a  combat-related
factor (such as ejection from an aircraft) rather than from  routine  causes
or the veteran's particular physical make-up.   While  his  conditions  meet
the VA requirements for service-connected compensation,  the  evidence  does
not support additional compensation under CRSC.

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  31
August 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 not timely filed; however, it is in the  interest
of justice to excuse the failure to timely file.

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 he 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.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of  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 28 April 2008, 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-
2007-01374 was considered:

    Exhibit A.  DD Form 149, undated, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 7 August 2007.
    Exhibit D.  Letter, SAF/MRBR, dated 31 August 2007.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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