RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03841
		INDEX CODE:  108.07
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His service-connected medical condition, spinal disc condition, 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:

He injured his back in Camrahn Bay, Vietnam.  He herniated his discs handling 500 lb bombs.  In any given day he handled over 250,000 lbs of munitions in support of the mission in Vietnam.  The therapy he received at the time consisted of orders to sleep on a sheet of plywood.   

In support of his request, applicant provided a personal statement and documentation associated with his previous CRSC determination.  His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant served in the Marines from 4 Sep 53 through 3 Sep 57.  He contracted his initial enlistment in the Regular Air Force on 27 Nov 57 and was progressively promoted to the grade of technical sergeant, having assumed that grade effective and with a date of rank of 1 Nov 67.  He served as a Munitions Maintenance Specialist and a Military Training Instructor.  On 30 Nov 73, he voluntarily retired for years of service.  He served 27 years, 2 months, and 27 days on active duty

Current Department of Veterans Affairs (DVA) records reflect a combined compensable rating of 60% for his unfitting conditions. 

His CRSC application was approved for Post Traumatic Stress Disorder rated at 30% and Diabetes Mellitus rated at 20%.  His spinal disc condition was determined not to be combat-related.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states his records do reflect he was treated for lower back pain although it is not considered to be the result of combat related acts, instrumentality of war, or due to hazardous service.  There is no record of any particular injury received while handling munitions.  He was admitted to the hospital in March 1964 for low back pain incurred while lifting a 75 lb beam.  His diagnosis at the time was back strain.  Injuries sustained by falling/twisting or jumping off or working on a military device where the injury was caused by the device itself, but instead manual labor is not a combat related activity.  The fact that a member may have incurred a medical condition during a period of war or while participating in combat operation/training exercises is not sufficient evidence to support a combat-related determination.  

The DPPD evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states he has no control over what documentation is contained in his medical records.  He herniated his disc handling munitions and there was no 75 lb beam involved.  There is no comparison whatsoever between a herniated disc and a pulled muscle.  His pulled muscle is the result of handling tip tanks for fighter aircraft at Chili Air Base, Turkey.  He herniated his discs in Vietnam and was put on bed rest for two weeks.  

In support of his response, applicant provided a personal statement, copies of documentation previously submitted, assignment orders, his Bronze Star order, and his retirement order.  His complete submission, with attachments, is at Exhibit A.

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ADDITIONAL AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial.  The Medical Consultant states injuries by working on or lifting an inanimate military device, or part of a military device 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 as an instrumentality of war, or as a result of its unique military design.  In the case of munitions, accidental detonation would clearly qualify.  His service medical records document periodic care for low back pain.  His records indicate hospitalization for acute back strain in March 1964 due to lifting a "beam".  This appears to be the most significant back injury event in the service medical record.  In August 1966, he experienced back pain unrelated to any specific trauma.  

The Medical Consultant Evaluation is at Exhibit E.

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APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy of the additional Air Force evaluation was forwarded to the applicant on 19 Oct 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.

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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-2003-03841 in Executive Session on 14 Dec 04, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 Nov 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 11 Mar 04, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 26 Mar 04.
    Exhibit E.  Letter, Applicant, not dated, w/atchs
    Exhibit F.  Letter, BCMR Medical Consultant, dated 7 Oct 04.
    Exhibit G.  Letter, SAF/MRBC, dated 19 Oct 04.