RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00102
		INDEX CODE:  108.07
		COUNSEL:  NONE

		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

His spinal disc condition deteriorated over time but was initially incurred when he was accidentally knocked down some stairs during the Vietnam War.  His tinnitus was incurred while on duty as a radio operator monitoring Russian signals and his frequency was jammed.  

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force on 14 Jun 60 and was progressively promoted to the grade of technical sergeant, having assumed that grade effective and with a date of rank of 1 Jul 77.  He served as a Telecommunications Operator and a Diet Therapist.  On 30 Jun 80, he voluntarily retired for years of service.  He served 20 years and 16 days on active duty

His CRSC application was disapproved on 23 Dec 03 based upon the fact that his service-connected medical condition was determined not to be combat-related. 

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states he injured his back by accidentally falling down a flight of stairs.  There is no other record that could account for his back problems.  His spinal disc condition is not considered to be the result of combat-related acts, instrumentality of war or due to hazardous service.  A number of factors may contribute to hearing loss although his claim of constant exposure to noise as a radio operator does not qualify him for CRSC under the stringent guidelines of Public Law 107-314.  The fact that a medical condition may have incurred during a period of war or while participating in combat operation/training exercises is not sufficient to support a combat-related determination.

The DPPD evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 21 May 04 for review and comment within 30 days.  As of this date, this office has received no response.

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial.  The Medical Consultant states there is no evidence in the record that his service connected disabilities were incurred as a direct result of armed conflict, while engaged in hazardous service, under conditions simulating war, or as a result of an instrumentality of war.  His fall down a flight of stairs does not qualify as armed conflict of conditions simulating war.  His duty as a radio operator does not qualify as hazardous duty.  

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 19 Oct 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.

_________________________________________________________________

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-2004-00102 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 7 Jan 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 14 May 04.
    Exhibit D.  Letter, SAF/MRBR, dated 21 May 04.

    Exhibit E.  Letter, BCMR Medical Consultant, dated 10 Aug 04.
    Exhibit F.  Letter, SAF/MRBC, dated 19 Oct 04.

                                   Chair