RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-01224
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  NO

______________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical condition of intervertebral disc  syndrome  be
reevaluated as combat-related in order to  qualify  for  compensation  under
the Combat Related Special Compensation (CRSC) Act.

______________________________________________________________

APPLICANT CONTENDS THAT:

His medical records noted he had back problems  but  he  believes  his  back
condition was aggravated by the combat landings he endured from standing  in
a military C-130 aircraft.

In support of his request, the applicant provided documents  extracted  from
his military medical records.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 6 Dec 78, the applicant contracted his initial enlistment in the  Regular
Air Force.  He was progressively promoted to  the  grade  of  senior  master
sergeant having assumed the grade effective and with a date  of  rank  of  1
Jul 03.  He was honorably retired on 1 Jan 07.

Available Department of Veterans Affairs (DVA) records  reflect  a  combined
20% disability rating for his service connected disabilities.

The applicant submitted an application  for  CRSC  for  intervertebral  disc
syndrome, impaired hearing and  tinnitus.   His  application  was  partially
approved on 11 Feb 08 for impaired hearing and tinnitus but was  denied  for
the intervertebral disc syndrome because of insufficient documentation.   No
evidence was provided to show his back condition was the direct result of
armed conflict, hazardous service,  instrumentality  of  war  or  simulating
war.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states there is no evidence  to  indicate
his Intervertebral Disc Syndrome was caused by a combat-related event.   His
medical records reflect he  hurt  his  back  while  lifting.   Although  his
military duties were strenuous his condition  developed  through  performing
his normal duties and is not considered  combat-related.  (When  considering
for chronic conditions, such as, Intervertebral  Disc  Syndrome,  under  the
CRSC guidelines, it may  be  difficult  to  determine  the  armed  conflict,
hazardous service instrumentality of war, or simulating war was the  cause.)
  His  medical  condition  does  not  meet  the   mandatory   criteria   for
compensation under the CRSC program.

APFC/DPPD's complete evaluation, with attachments, is at Exhibit C.

______________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant  reviewed  the  Air  Force  evaluation  and  states  his  back
condition was not  aggravated  by  normal  service  but  by  the  rigors  of
participating in countless Operational Readiness Exercises  and  Operational
Readiness Inspections which  simulate  combat  scenarios.   These  exercises
included more than  the  strain  of  normal  lifting  of  work.   Performing
maneuvers to avoid fighter contact during  mock  battles,  standing  in  the
paratroop door making the “Break left/right calls, landing on  assault  dirt
air strings in the dark under night vision goggles with full body armor  and
survival vest causing his vertebrae to be compressed  to  however  many  G’s
the aircraft takes upon  landing  during  these  exercises,  is  not  normal
service.  He did not go to the flight surgeon  to  be  Duty  Not  in  Flight
[sic] for something he was already told would mean a change  in  his  career
field.  He loved his job and did what he did  and  wanted  to  continue  his
duty for his county in that position.  He has taken  motrin  every  day  for
years to help ease the pain.  He sincerely  hopes  his  application  is  not
denied for the reason that his injury was caused from “normal service.”   He
knows it was not, and anyone in that position would know this.  Our  country
and service members will be subject to a grave injustice  if  this  type  of
mentality prevails.



The applicant’s complete response is at Exhibit E.


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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-2008-
01224 in Executive Session on 19 Aug 08, 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 30 Mar 08, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 7 May 08.
    Exhibit D.  Letter, SAF/MRBR, dated 16 May 08.
    Exhibit E.  Letter, Applicant, dated 21 May 08.



                                        THOMAS S. MARKIEWICZ
                                        Chair