RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-02874
		INDEX CODE:  108.07
		COUNSEL:  DAV

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His service-connected medical conditions, lumbar-thoriacic stenosis with degenerative arthritis and cervical spine stenosis, be assessed as combat-related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act.

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APPLICANT CONTENDS THAT:

His medical records do not correctly reflect his injuries received while he was in Vietnam.  

In support of his request, applicant provided a personal statement and documentation extracted from his medical records. His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force on 19 Sep 61.  He was progressively promoted to the grade of technical sergeant, having assumed that grade effective and with a date of rank of 1 Dec 77.  He served as a Construction Equipment Technician during his career.  He was stationed in Vietnam from November 1965 through November 1966, and served on a temporary duty in Vietnam in October 1967.  He voluntarily retired from the Air Force on 1 Oct 81, having served 20 years and 12 days on active duty.

Current Department of Veterans Affairs (DVA) records reflect a combined compensable disability rating of 70% percent for his unfitting conditions, with entitlement to pay at the 100% rate due to Individual Unemployability.  

His CRSC application was disapproved on 23 Jul 03 based upon the preponderance of evidence that none of his service-connected conditions were determined to be combat related.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states the fact that a member may incur a medical condition during a period of war or while performing combat operations is not sufficient evidence to support a combat-related determination.  Military records must show a definite causal relationship (trauma) between the armed conflict and the medical condition.  In order to qualify for CRSC, the injury must have been caused by a single acute event and not have happened over a period of time.  A review of his records failed to show a combat-related connection for his service-connected injury.  The preponderance of evidence made available does not appear to fall under the hazardous service/combat related categories, but, rather, normal duties performed during the completion of his military responsibilities.  

The DPPD evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 21 Nov 03 for review and comment within 30 days.  As of this date, this office has received no response.

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ADDITIONAL AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial.  The Medical Consultant states the applicant sustained a low back strain while on temporary duty in Vietnam.  There is no evidence there was any hostile enemy activity at the time of his injury that supports his contention.  The preponderance of the evidence does not support the applicant's request.

The Medical Consultant Evaluation is at Exhibit F.

ODUSD(MPP)/Comp reviewed the applicant's request and concurs with the findings and recommendation of the BCMR Medical Consultant.  The ODUSD evaluation is at Exhibit G.

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APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

Copies of the additional Air Force evaluations were forwarded to the applicant on 30 Jul 04 for review and comment within 30 days.  As of this date, this office has received no response.

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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.  After a thorough review of the available evidence of record, it is our opinion that the service-connected medical conditions the applicant believes are combat-related were not 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, do not qualify for compensation under the CRSC Act.  We agree with the opinions and recommendations of the Air Force offices of primary responsibility and adopt their 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 issues involved.  Therefore, the request for a hearing is not favorably considered.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material 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.

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The following members of the Board considered AFBCMR Docket Number BC-2003-02874 in Executive Session on 6 Oct 04, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 18 Aug 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 6 Nov 03.
    Exhibit D.  Letter, SAF/MRBR, dated 20 Nov 03.
    Exhibit E.  Letter, BCMR Medical Consultant, dated 14 Jan 04.
    Exhibit F.  Letter, ODUSD(MPP)/Comp, dated 21 Jul 04.
    Exhibit G.  Letter, SAF/MRBC, dated 30 Jul 04.