RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-03362
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  YES

_________________________________________________________________

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:

While engaged in ground operations  against  an  opposing  armed  force,  he
could not  afford  time  to  seek  medical  attention  for  his  lower  back
injuries.  Because he did  not  seek  medical  attention,  documentation  of
lower back injuries does not exist.  Because he  has  a  high  threshold  of
pain tolerance and did not want to let his fellow airmen down,  he  did  not
seek medical attention for many injuries received in his Air  Force  career.
He knows that repeated excessive pressures (probable causes of  degenerative
disc disease) on his lower spine  occurred  while  loading  combat  aircraft
with over 11 million pounds of net explosive weight.

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

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered active duty in the Regular Air Force on  18 May  1984.
He was progressively promoted to the grade of chief master sergeant,  having
assumed that grade effective and with a date of rank  of  1  December  2000.
He served as an Aircraft Armament Systems Superintendent.  On 31 July  2004,
he was relieved from active duty and retired from the Air Force on  1 August
2004, having served 20 years, 2 months, and 13 days on active duty.




His CRSC application was disapproved on 27 March 2006 based  upon  the  fact
that his service-connected  medical  condition  was  determined  not  to  be
combat-related.  He appealed the decision and on 18 August 2008, the  appeal
was disapproved.

Available Department of Veterans Affairs (DVA) records  reflect  a  combined
compensable rating of 30% for his unfitting conditions.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states it is evident that  the  applicant
had repeated treatment for his back during military service; however,  there
is no evidence to indicate this condition was directly caused by  a  combat-
related event.

A DD Form 2507, Compensation and Pension Exam Report,  dated  29  May  2008,
contained comments from the applicant that "the  back  has  been  bothersome
for several years, but he did  not  always  report  the  symptoms  while  in
service because of his job duties."  "He has never had  any  trauma  to  the
back."  On page two of this form the  doctor  acknowledged  the  applicant's
back pain seems to be "aggravated  with  prolonged  standing  and  prolonged
walking," he recommended the use of "Icy Hot and a heating  pad"  to  obtain
some  relief.   According  to  medical  records  dated  8  March  1985,  the
applicant  was  seen  for  "back  trauma"  due  to  bending  over   "playing
volleyball."

In  accordance  with  DD  Form  2860,  Claim  for   Combat-Related   Special
Compensation (CRSC), the fact that a member incurred a disability  during  a
period of war, in an area of armed conflict, while participating  in  combat
operations, during a period of simulating  war,  in  an  area  of  simulated
armed conflict, while  participating  in  simulated  combat  operations,  or
during a period of hazardous service is not sufficient by itself to  support
a combat-related determination.   There  must  be  a  definite,  documented,
causal relationship between the armed conflict,  simulated  armed  conflict,
or hazardous service and the resulting disability.   While  the  applicant's
condition meets the DVA  requirements  for  service-connected  compensation,
the evidence does not support additional compensation under CRSC.

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

_________________________________________________________________








APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 24 October 2008, a copy of the Air Force 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  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 issue(s) 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 AFBCMR Docket Number  BC-2008-
03362 in Executive Session on 2 December 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 was considered:

   Exhibit A.  DD Form 149, dated 6 September 2008, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPD, dated 16 October 2008, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 24 October 2008.





                                   THOMAS S. MARKIEWICZ
                                   Chair