RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-02482
            INDEX CODE:  108.07
            COUNSEL:  AMERICAN LEGION
            HEARING DESIRED:  NO


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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:

The  Department  of  Veterans  Affairs  (VA)  diagnosed  his  condition   as
traumatic arthritis of the cervical spine.  The Air Force  assigned  him  as
an In-flight Refueling Specialist (Boom Operator)  on  the  KC-135  aircraft
from 1973 until 2000, when he retired.  There was  no  specific  event  that
caused the traumatic arthritis of the cervical spine.  There was  repetitive
wear and tear causing stress on his cervical spine especially during  combat
sorties when he was required to wear additional equipment.

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:

Applicant contracted his initial enlistment in the Regular Air Force  on  31
August 1972.  He was progressively promoted to the grade  of  senior  master
sergeant, having assumed that grade effective and with a date of rank  of  1
June 1996.  He served  as  an  In-Flight  Refueling  Superintendent  Aircrew
Instructor and In-Flight Refueling Craftsman Aircrew  Standardization/Flight
Examiner.  On 31 August 2000, he was relieved from active duty  and  retired
from the Air Force on 1 September 2000, having served 28 years and 1 day  on
active duty.




Available Department of Veterans Affairs (DVA) records  reflect  a  combined
compensable rating of 40% for his unfitting conditions.
His CRSC application was disapproved on 11 September  2006  based  upon  the
fact that his service-connected medical conditions were  determined  not  to
be combat-related.  However, his application was partially  approved  on  11
June 2007.  Tinnitus was determined to be combat-related with a  compensable
rating of 10%.

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AIR FORCE EVALUATION:

AFPC/DPSDC recommends denial.  DPSDC states although  applicant’s  condition
has been deemed service-connected by the VA,  their  standard  is  to  grant
service connection for injuries or  diseases  manifested  (or  residuals  of
these injuries were treated) while in-service,  and  if  necessary,  resolve
doubt in the interest of the veteran.  However, 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.

Although applicant believes his  back  condition  is  related  to  his  boom
operating duties, there is  no  in-service  documentation  that  confirms  a
relationship  between  his  aircrew  in-flight  refueling  duties  and  this
condition.  There have been studies to indicate  that  specialists  such  as
himself may have an earlier onset of degenerative disease, but  not  to  the
degree of a  clear,  casual  relationship  with  repetitive  flying  wearing
various types of equipment.  Further, several  opinions  exist  to  indicate
these conditions are simply associated with the aging process.

Many applicants  believe  the  cause  of  their  back  condition  should  be
“presumed” to be combat-related because of the stress involved  with  flying
combat sorties; however, applicant stated that there was  not  one  specific
event which was the cause of his back condition.  Therefore, DPSDC does  not
agree that it would be logical (or equitable) to  consider  back  conditions
presumptive to performing these types of duties.

The DPSDC complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 14 September 2007, the evaluation was  forwarded  to  the  applicant  for
review and comment within 30 days  (Exhibit  D).   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.  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-
02482 in Executive Session on 28 April 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 30 July 2007, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSDC, dated 4 September 2007.
    Exhibit D.  Letter, SAF/MRBR, dated 14 September 2007.




                                   THOMAS S. MARKIEWICZ
                                   Chair