RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00309
		INDEX CODE:  108.07
		COUNSEL:  NONE

		HEARING DESIRED:  Not Indicated

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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 and two others were carrying an 800lb water pump.  They slipped and fell and the water pump was dropped on him.  This was definitely hazardous service since none of the people were qualified to do the work being performed.

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

Applicant contracted his initial enlistment in the Regular Air Force on 21 Apr 48.  He was progressively promoted to the grade of master sergeant, having assumed that grade effective and with a date of rank of 1 Dec 65.  A Physical Evaluation Board (PEB) initiated on 13 Mar 68 found him physically unfit for duty for Mild Herniated Nucleus Pulposus L5-S1, and recommended that he be permanently retired from the Air Force.  On 22 Apr 68, the Air Force PEB directed that the applicant be permanently retired from the Air Force with a combined disability rating of 20%.  On 23 May 68, was placed on the Permanent Retired Disability List.  He served 20 years, 1 month, and 2 days on active duty.

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

His CRSC application was disapproved on 13 Jan 04 based upon 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.  DPPD states his records indicate he strained his back on 2 Jun 64 lifting a motor out of a pick-up truck.  On 9 Nov 66, he was helping move a water pump when the pump fell on him causing severe pain to the lower back.  He was returned to duty after surgery although moderate symptoms persisted up to the time of his retirement.  There is no documentation that his back injury is the direct result of armed conflict, hazardous service or instrumentality of war.  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 7 May 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 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-2004-00309 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 15 Jan 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 27 Apr 04.
    Exhibit D.  Letter, SAF/MRBR, dated 7 May 04.

                                   Chair