RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-03784
            INDEX CODE:  108.07
      XXXXXXX    COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected  medical  condition,  degenerative  arthritis  of  the
spine be reevaluated under the Combat Related  Special  Compensation  (CRSC)
Program.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was stationed at Nellis Air Force Base, Nevada from  1958  through  1961,
then in Japan from 1961 through 1964.  He was  also  in  England  from  1966
through  1969.   Each  of  these  units  were  tactical  air  transportation
hospitals, equivalent to Mobile Army Surgical Hospitals (MASH).   They  were
required to set up hospitals every 24 months.  This is where he injured  his
back lifting heavy canvas.  He drove in 15 to 20 pound mallets.   There  was
large equipment and supplies he was required to handle.  He  had  to  pallet
the equipment back after each maneuver.  He was required to lift 100 to  300
pound patients.  During mock air crashes, he was required to  lift  patients
from the gurney to the ambulance.  Many times  they  loaded  the  ambulances
two high on each side.  This enabled them  to  get  five  patients  in  each
ambulance.  For open houses, they put on  demonstrations  on  how  to  erect
hospital tents.  There is a good chance he could  have  been  injured  while
lifting a patient or putting up tents,  or  during  one  of  the  many  mock
crashes.  Finally, his arthritis did not happen overnight but was caused  by
the constant lifting.

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

His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 31 March 1973, the applicant retired from the Air Force in the  grade  of
staff sergeant, after serving 20 years, 10 months  and  28  days  on  active
duty.

He initially applied for CRSC for degenerative arthritis of the spine.   His
application was disapproved on 2 November 2007.  His  application  contained
no evidence to confirm  his  disability  was  the  direct  result  of  armed
conflict, hazardous service, instrumentality of war, or simulating war.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSD recommends denial.  DPSD provides  a  review  of  the  applicant’s
medical records and notes on 12 October 2007,  he  submitted  his  board  of
Veterans Appeals’ review referencing his back condition.  The  appeal  dated
9 May 2000 notes the veteran indicated he injured his back  moving  patients
while performing his duties as  a  medical  technician.   Additionally,  the
review states, "At a hearing in February 1993, the  veteran  testified  that
he did not have a back injury as such in service but that  he  had  constant
stress and strain put on his back through his work as a  medical  technician
lifting patients from bed to wheelchair, from wheelchair to X-ray table  and
things of that nature."  The documentation received lacked any  evidence  of
injury or aggravation to his back due to a combat-related factor.  In  order
for  the  disability  to  be  eligible  for  compensation  under  CRSC,  the
condition 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.  The fact that he incurred his back disability while  performing
his  normal  duties  is  not  sufficient   to   support   a   combat-related
determination without a direct relationship between  his  disability  and  a
combat related event or activity.  In order for  his  condition  to  qualify
for CRSC, it must have been caused by a third party and dealt  with  injured
litter bearers under conditions of armed conflict or simulating war,  rather
than under the performance of  his  normal  duties.   He  alludes  his  back
condition was  also  caused  by  lifting  heavy  equipment.   Injuries  from
lifting are not unique to military service or combat situations;  therefore,
to qualify for CRSC, some combat-related event  must  have  occurred  during
the act of lifting that caused or aggravated the injury.  DPSD  cannot  find
anything in the available evidence that would support  approval  under  CRSC
criteria.   This  condition  does  not  meet  the  mandatory  criteria   for
compensation under the CRSC program as outlined under the provisions  of  10
U.S.C., Chapter 71, Section 14138.

The complete DPPD evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The  applicant  responded  stating  he  provided  a  copy  of   his   Airman
Performance Report (APR) documenting he participated in a field exercise  in
June 1963 while deployed to Thailand.  His unit could be  deployed  anywhere
in the world with 24 to 72 hours notice.  His unit set  up  field  hospitals
every two to four months.  They erected tents using 15 pound mallets.   They
handled heavy crates containing  equipment.   They  put  up  hospital  tents
during many of the open houses.  He participated in  mock  airplane  crashes
consisting of lifting  patients  from  the  ground  to  the  ambulance.   He
believes this strenuous activity over 20 years aggravated  his  back,  hips,
legs, ankles and feet.  He believes his back problem  and  other  complaints
stemmed from the field exercises he was required to participate  in.   These
exercises simulated war and were as close as one can  get  without  actually
being in a war.

His complete response is at Exhibit D.

_________________________________________________________________

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 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.

_________________________________________________________________

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-
2007-03784 was considered:

  Exhibit A.  DD Form 149, dated 9 November 2007, w/atchs.
  Exhibit B.  Letter, AFPC/DPSD, dated 7 January 2008.
  Exhibit C.  Letter, SAF/MRBR, dated 1 February 2008.
  Exhibit D.  Letter, Applicant SAF/MRBR, dated 11 February 2008.




                                   THOMAS S. MARKIEWICZ
                              EXAMINER