RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03824
		INDEX CODE:  108.07
		COUNSEL:  NONE

		HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical conditions, spinal disc condition and nose deflection, be assessed as combat related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

In 1983, while participating in an Operational Readiness Inspection (ORI) under simulated war conditions, he slipped on the tarmac where the aircraft was parked while pulling an electric generator and fell on his nose.  In 1984, while participating in Operation Accurate Test, a classified deployment to Cairo, Egypt he was assigned to an aircraft transporting Egyptian troops to aid Sudan in response to a bombing by Libya.  While responding to an engine start malfunction, he injured his back and was later diagnosed with spinal disc condition.

In support of his request, applicant provided personal statements, and documentation associated with his CRSC denial.  His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force on 5 Nov 76.  He was progressively promoted to the grade of master sergeant, having assumed that grade effective and with a date of rank of 1 Oct 95.  He served as an Aerospace Maintenance Craftsman.  He voluntary retired from the Air Force on 30 Nov 00, having served 24 years and 26 days on active duty.

His CRSC application was disapproved on 30 Oct 03 based upon the fact that his service-connected medical conditions were determined not to be combat-related.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states his nose deflection and spinal disc condition are not the result of combat related acts, instrumentality of war or due to hazardous service.  He was treated for a fall on 6 Jul 83 after he claimed he slipped on a curb-stop and hit his nose and forearm.  Injuries sustained by either falling, slipping off, or working on a military device where the injury was not caused by the device itself but by error/misjudgment are not considered to be eligible for CRSC.  His records verify he was involved on a deployment to Egypt supporting an operation and that he was involved in an ORI.  There is no record of any particular injury that could account for the onset of his back pain.  He complained of lower back pain in April 1984 and was diagnosed with sciatica.  His spinal disc condition is considered to be non-combat related as there is no history of any fall or injury, just a lumbar sprain/strain.

The DPPD evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states his injuries occurred during training operations and according to CRSC criteria he is eligible for compensation since the injuries were incurred during an ORI and while deployed to Egypt to participate in Operation Accurate Test.  Assessment of his injury occurred upon his return to Dover AFB, DE.  Spinal disc condition is an incorrect diagnosis.  The DVA diagnosed his condition as chronic lumbar disc disease with sciatica syndrome and his records should be corrected accordingly.  His complete response, with attachments, is at Exhibit E.

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial.  The Medical Consultant states the fact that a member incurred a disability during a period of war or in an area of armed conflict or while participating in combat operations is not sufficient to support a combat-related determination.  There must be a definite causal relationship between the armed conflict and the resulting disability.  The fact that a member incurred the disability 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 the unique aspects of the exercise that simulate conditions comparable to combat and the disability in the same way that armed conflict must directly cause the disability.  Performance of aircraft maintenance related duties is not sufficient and is not a circumstance unique to combat or conditions of war.  Tripping and falling during a military exercise is not considered a circumstance that qualifies for CRSC.  Injury by working on or lifting an inanimate military device, or part of a military device, or falling off, tripping over or running into such devices is not considered as being directly caused by the device itself.  In order to qualify the circumstances would have to involve the actual functioning of the device in its intended purpose.  There is no evidence in his record his service connected disabilities were incurred as a direct result of armed conflict, while engaged in hazardous service, while engaged in performance of duties under conditions simulating war, as a result of an instrumentality of war, or other qualifying conditions.

The Medical Consultant Evaluation is at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy of the additional Air Force evaluation was forwarded to the applicant on 10 Nov 04 for review and comment within 30 days.  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.  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.

_________________________________________________________________

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.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-2003-03824 in Executive Session on 23 Feb 05, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 9 Nov 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 26 Feb 04.
    Exhibit D.  Letter, SAF/MRBR, dated 5 Mar 04.
    Exhibit E.  Letter, Applicant, dated 13 Mar 04, w/atchs.
    Exhibit F.  Letter, BCMR Medical Consultant, dated 5 Nov 04.
    Exhibit G.  Letter, SAF/MRBC, dated 10 Nov 04.