RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03103
		INDEX CODE:  108.07
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His service-connected medical condition, intervertebral disc syndrome, 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:

All of his disabilities are service-connected and at the present time.  He is rated by the Department of Veterans Affairs (DVA) at 80% and unemployable.

In support of his request applicant provided documentation associated with his denial of request for CRSC benefits.  His complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant served in the Army Reserves and the Regular Army from 14 Jan 57 to 6 May 67.  He enlisted in the Regular Air Force on 14 Sep 67.  He was progressively promoted to the grade of master sergeant, having assumed that grade effective and with a date of rank of 1 Jun 73.  He served a tour in Vietnam while in the Air Force and he served a tour while in the Army.  He voluntarily retired from the Air Force on 1 May 78, having served 20 years and 14 days on active duty.

His CRSC application was disapproved on 15 Aug 03 based upon the fact that his DVA service-connected medical conditions did not meet the mandatory 60% combat-related disability rating.  On 26 Jan 04, he was authorized CRSC for his impaired hearing which is rated at 10%.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states his Spinal Disc condition is not considered to be the result of combat related acts, instrumentality of war, or due to hazardous service.  On 25 Jun 74, he claimed he did not remember any particular injury that could account for the onset of back pain.  It was noted at the time that he had a history of an injury to the back in the 1950s but had recovered from it.  He claimed on his original CRSC application that he was caught between two vehicles during maneuvers and had fallen from a helicopter while performing maintenance in a combat area.  There is no documentation of such injuries and physical examinations during the 1950s and 1960s do not show such injuries.  Injuries sustained by either falling/slipping off or working on a military device where the injury was not caused by the device itself, but instead, error/misjudgment are not considered to be CRSC eligible.  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 between the armed conflict and the medical condition.  A review of his service medical record failed to show his Spinal Disc Injury to be the direct result of an armed conflict, hazardous service, or caused by an instrumentality of war.

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 6 Feb 04 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 fact that the disability was incurred during a military exercise or while participating in an exercise is not sufficient to support a combat-related determination.  There must be a definite causal relationship between those unique aspects of the exercise that simulate conditions comparable to combat, in the same way that actual armed conflict must directly cause the disability.  The evidence in the service record does not support conclusion that his interverbral disc syndrome qualifies for the CRSC program.

The Medical Consultant Evaluation is at Exhibit E.

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 F.

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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 28 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 condition the applicant believes is combat-related was 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, does 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.

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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-2003-03103 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 11 Sep 03, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 20 Jan 04.
    Exhibit D.  Letter, SAF/MRBR, dated 6 Feb 04.
    Exhibit E.  Letter, BCMR Medical Consultant, dated 25 Feb 04.
    Exhibit F.  Letter, ODUSD(MPP)/Comp, dated 21 Jul 04.
    Exhibit G.  Letter, SAF/MRBC, dated 28 Jul 04.