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AF | BCMR | CY2008 | BC-2008-01017
Original file (BC-2008-01017.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-01017
            INDEX CODE:  108.07
      XXXXXXX    COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical condition  of  traumatic  arthritis  (cervical
spine) be assessed as combat-related in order to  qualify  for  compensation
under the Combat Related Special Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The injury to his cervical spine and right shoulder occurred  at  the  same
time; however, his neck injury was not documented in  his  medical  records
and therefore not covered under CRSC guidelines.  It can only be speculated
why the military physician did not record the neck injury  in  his  medical
records.  The military medical system did not offer treatment so he  saw  a
chiropractor.  The doctor  reviewed  his  records  but  did  not  find  any
notation of a neck injury.

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

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

_________________________________________________________________

STATEMENT OF FACTS:

On 30 April 1998, the applicant retired from the Air Force in the  grade  of
technical sergeant, after serving 20 years and 5 days on active duty.

He initially applied for CRSC for  condition  of  the  skeletal  system  and
traumatic arthritis (cervical spine).  His claim was partially  approved  23
March 2006 for condition of the skeletal system.  No evidence  was  provided
to confirm his traumatic arthritis was the direct result of armed  conflict,
hazardous service, instrumentality of war, or simulating war.  He  submitted
an appeal which was denied on 29 August 2007 due to  a  lack  of  supporting
documentation.

_________________________________________________________________


AIR FORCE EVALUATION:

AFPC/DPSD recommends denial.  DPSD provides  a  review  of  the  applicant’s
medical records and notes he stated his neck injury occurred  in  turbulence
while flying in 1997.  The service medical  record  dated  4  December  1997
indicated he incurred a shoulder injury from this accident but there was  no
documentation  of  any  neck  injuries.   Additionally,  the  Department  of
Veteran  Affairs  (DVA)  rating  decision  dated  20  January  1999  stated,
"Service medical records are negative for any neck injury  or  trauma."   He
submitted a document with his request.  The  entry  dated  19 December  1997
stated "slammed to floor of plane.   Mid  T/S-L/B.   Neck  some.”   However,
there are several blacked out  areas,  there  are  no  doctors  names,  form
numbers, or any  other  way  to  validate  this  document.   Therefore,  the
preponderance of evidence does not conclusively support that he injured  his
neck while flying.  This lack  of  evidence  prevents  approval  under  CRSC
criteria.

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 23  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   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.
Therefore, 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 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 11 March 2008, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 16 May 2008.
    Exhibit D.  Letter, SAF/MRBR, dated 23 May 2008.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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