RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00297
		INDEX CODE:  108.07
		COUNSEL:  NONE
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		HEARING DESIRED:  NO
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MANDATORY CASE COMPLETION DATE:  6 Aug 05

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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:

During World War II, he was in a forward area combat zone and was injured while unloading lumber from a cargo merchant ship.

His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant served in the U.S. Navy from 12 December 1939 to 4 January 1950, attaining the grade of chief petty officer (CPO).  During World War II, he served in the Pacific and European Theatres of Operation.  In 1941, while stationed in Hawaii, he was treated for a fungus infection in his right ear and a perforated eardrum.  In 1944, he was treated for a back injury and another ear infection.  He was again treated for an ear infection in 1948 while assigned to Okinawa, Japan.  Applicant contracted his initial enlistment in the Regular Air Force on 27 January 1950.  He was progressively promoted to the grade of master sergeant, having assumed that grade effective and with a date of rank of 9 July 1951.  He served as an aircraft and missile electrical repairman.  In 1953, while working on a B-36 aircraft, he had hearing loss.  A Physical Evaluation Board (PEB) convened on 7 April 1960, established the diagnosis of deficit, bone fusion, L4, L5, S1, found him fit to perform the duties of his grade, and returned him to duty.  He voluntarily retired from the Air Force on 1 November 1960, having served 20 years, 6 months, and 29 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 disapproved on 8 December 2003, based on the fact that his service-connected medical condition was determined not to be combat related.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial and states, in part, that without the medical documentation from 1944, they are unable to determine whether the incident was combat related.  Applicant has not provided any documentation to support that his condition was the direct result of armed conflict or hazardous service. 

The AFPC/DPPD evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

His spinal disc condition is the direct result of military operations during World War II.  He was at war in a forward area Combat Zone in 1944.  If they had not been at war, the military operation and subsequent back injury would not have occurred.  He disagrees with the advisory opinion and opines that the Board has little knowledge of military operations and combat conditions during World War II.

Applicant’s complete responses, with attachment, are at Exhibit E.

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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 opinion and recommendation of the Air Force office of primary responsibility and adopt its 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-2004-00297 in Executive Session on 6 April 2005, under the provisions of AFI 36-2603:
The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 20 Jan 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 18 Jun 04.
    Exhibit D.  Letter, SAF/MRBR, dated 25 Jun 04.
    Exhibit E.  Letters, Applicant, dated 7 Jul 04 & 12 Feb 05,
	           w/atch.

                                   Chair