RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-00632
            INDEX CODE:  108.07
      XXXXXXX    COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He does not dispute the findings of the  lumbosacral  strain.   Although  he
fell when dismounting from a  jeep,  he  continued  his  mission  with  some
discomfort.  He did not complain  or  report  the  incident  to  the  flight
surgeon; this would have resulted in him  being  grounded.   He  takes  full
responsibility for not reporting the fall  and  is  willing  to  accept  the
consequences.

In support of his request, applicant provided a personal statement.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 30 September 1965, the applicant retired from the Air Force in the  grade
of lieutenant colonel, after serving 24 years,  11  months  and  5  days  on
active duty.

He initially applied for CRSC for impaired hearing and  back  strain  on  25
June 2003.  His request was disapproved on 16 September 2003.   He  appealed
the decision on 11 February 2004 and it was disapproved  on  24  March  2004
for lack of evidence directly relating his disabilities to a  combat-related
factor.  He filed a second appeal on 17 May  2004  and  provided  additional
documentation.  His appeal was disapproved on 18 May 2004.  No evidence  was
provided to confirm these disabilities  were  the  direct  result  of  armed
conflict, hazardous service, instrumentality of war, or simulating  war.   A
review of his file on 16 January 2008, determined that his impaired  hearing
qualified for CRSC  under  current  guidelines  and  CRSC  was  subsequently
approved for impaired hearing with a  special  monthly  compensation  on  31
January 2008.  He filed his third appeal for his back strain on 15  February
2008 and it was disapproved on 26 March 2008 for lack  of  evidence  showing
his back strain was a direct result of a combat-related factor.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPSD provides  a  review  of  the  applicant’s
medical records and notes that he  initially  stated  he  injured  his  back
“during  embarkation  for  reconnaissance  mission  over  Japan.”   He  also
contends that he injured his back when he dismounted from a jeep.  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  a  direct  combat-related  cause  of  each
disability.  It is evident he had repeated back discomfort during and  after
military service; however, there  is  no  evidence  to  indicate  that  this
condition was directly caused by a combat-related factor.   Medical  records
dated 30 April 1965, notes, "No significant history  of  injury  other  than
falling out of a jeep."  Other  medical  records  dated  19  November  2003,
notes "Veteran states he originally injured his back in 1948, when  he  fell
off a jeep on the flight deck and broke his tail bone.  He  did  not  report
it since he was a pilot and later examined by a physician and told he had  a
coccyx fracture, due to the  continued  pain  he  was  experiencing."   DPPD
states there is nothing in the  available  evidence  directly  relating  his
disability to a combat-related event or activity.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 16  May
2008 for review and comment within 30 days.  As of this  date,  this  office
has received no response (Exhibit D).

_________________________________________________________________

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  he  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.
Accordingly, 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  Docket  Number  BC-2008-00632
in Executive Session on 4 August 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 was considered:

    Exhibit A.  DD Form 149, dated 9 February 2008, w/atch.
    Exhibit B.  Master Military Personnel Records
    Exhibit C.  Letter, AFPC/DPPD, dated 5 May 2008, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 16 May 2008.




                                   THOMAS S. MARKIEWICZ
                                   Chair