RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00236
		INDEX CODE:  108.07
		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His service-connected medical conditions, back strain, spinal disc condition, and hemorrhoids, 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 was ordered to pick up a heavy object while in a war exercise at Nellis AFB, NV.  He spent two weeks in the hospital after his injury.  

In support of his request, applicant provided documentation associated with his initial CRSC application.  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 13 Nov 67.  He was progressively promoted to the grade of technical sergeant, having assumed that grade effective and with a date of rank of 1 Aug 85.  He served as an Administration Specialist and a Material Storage and Distribution Supervisor.  

An MEB convened and referred his case to an Informal Physical Evaluation Board (IPEB) with a diagnosis of chronic low back pain.  On 10 May 89, the IPEB recommended that he be returned to duty.  The applicant disagreed with the findings and recommended disposition of the IPEB.  On 10 Jul 89, a Formal PEB recommended that the applicant be permanently retired from the Air Force with a combined disability rating of 10%.  The applicant concurred with the recommended findings.  On 2 Aug 89, the Air Force PEB directed that he be retired in the grade of technical sergeant.  He was placed on the Permanent Disability Retired List on 28 Oct 89.  He served 21 years, 11 months, and 15 days on active duty.

Current Department of Veterans Affairs (DVA) records reflect a combined compensable rating of 80% for his unfitting conditions.  

His CRSC application was disapproved on 24 Nov 03 based upon the fact that his service-connected medical conditions were determined not to be combat-related.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states his service connected medical conditions are not combat related.  The fact that disabilities are incurred during an exercise is not sufficient to support a combat-related determination without a direct relationship between the exercise and the injury itself.  Lifting, which is the direct cause of his injuries, is not considered to be combat related.  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 25 Jun 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-2004-00236 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 22 Oct 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 6 Feb 04.
    Exhibit D.  Letter, SAF/MRBR, dated 13 Feb 04.
    Exhibit E.  Letter, BCMR Medical Consultant, dated 23 Feb 04.
    Exhibit F.  Letter, ODUSD(MPP)/Comp, dated 21 Jul 04.
    Exhibit G.  Letter, SAF/MRBC, dated 28 Jul 04.

                                   Chair