RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-04103
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

2.  His records be corrected to show his prostate cancer was  due  to  Agent
Orange exposure.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His back condition was incurred while under attack in Vietnam.

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:

After serving 20 years and 29 days on active  duty,  the  applicant  retired
from the Air Force on 1 October 1974 in the  grade  of  lieutenant  colonel,
having assumed that grade effective and with a date of rank of  16  November
1971.  He served as an Air Operations Officer, Transport/Airlift.

Available Department of Veterans Affairs (DVA) records  reflect  a  combined
compensable rating of 40% for his unfitting conditions.

His CRSC application was partially  approved  for  impaired  hearing  on  14
February 2005.  He appealed the disapproved portion (back condition) and  on
16 April 2007 his request was disapproved  based  upon  the  fact  that  his
service-connected  medical  condition  was  determined  not  to  be  combat-
related.

_________________________________________________________________




AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states the applicant  contends  his  back
injury incurred while pushing pallets  loaded  with  ammunition  out  of  an
aircraft while under  enemy  mortar  attacks.   While  his  service  medical
records note pain to his back,  the  cause  of  the  pain  is  noted  to  be
secondary to deer hunting, pulling some objects, off loading  heavy  pallets
and while unloading a cargo plane.  There is no evidence of an enemy  attack
occurring at the time of these events.  Injuries from loading/unloading  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
loading/unloading that caused or  aggravated  the  injury.   DPPD  can  find
nothing in the available evidence that would support approval under  current
CRSC criteria.  Additionally, deer  hunting  is  not  considered  a  combat-
related activity.  Further, the applicant stated in  his  appeal,  “At  that
time, I did not go to the Flight Surgeon, as I knew I  would  be  grounded.”
His decision at the time, not to report his back injury as  related  to  the
combat-related event  he  described,  deprives  DPPD  of  the  documentation
needed to support a CRSC claim.

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 back  strain,  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  the  applicant  meets
the DVA requirements for service-connected compensation, the  evidence  does
not support additional compensation under CRSC.

The applicant also requested that his records show his  prostate  cancer  is
directly related to exposure Agent Orange, herbicides.   The  applicant  had
not previously requested that  DPPD  review  this  disability  and  his  DVA
records do not show his condition has been addressed  by  the  DVA.   To  be
evaluated  for  additional  disabilities,  the  applicant  must  request  an
evaluation by the DVA for his prostate cancer.  If the DVA  awards  service-
connection for his condition, he should forward a copy  of  the  DVA  Rating
Decision letter to AFPC/DPPD for further consideration.

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

_________________________________________________________________





APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 9 May 2008, 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 regard to his request to show  prostate  cancer  was  due  to
Agent Orange exposure, his DVA records do not show his  condition  has  been
addressed by the DVA.  To be evaluated for additional disabilities  he  must
request an evaluation by the DVA for his prostate cancer.  If he is  awarded
service connection for that condition, he should forward a copy of  the  DVA
Rating Decision to AFPC/DPPD for further consideration.  In the  absence  of
evidence to the contrary, we find no compelling basis to recommend  granting
the relief sought in this application.

4.    The applicant's case is adequately documented  and  it  has  not  been
shown that a personal appearance with or  without  counsel  will  materially
add to our understanding of the issues  involved.   Therefore,  the  request
for a hearing is not favorably considered.

_________________________________________________________________

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 this application in  Executive
Session on 19 August 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 pertaining to AFBCMR  Docket  Number  BC-
2007-04103 was considered:

    Exhibit A.  DD Form 149, dated 10 December 2007, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 28 April 2008, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 9 May 2008.





                                   THOMAS S. MARKIEWICZ
                                   Chair