RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00570
		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:

His CRSC eligibility was determined to be non-combat related even though his injury occurred during an Operational Readiness Inspection under full simulated combat conditions.  He was assigned duties as a launch control officer.  It was his duty to see that all flights were taxied at designated times.  Even though the ground was covered with ice and snow, he went from aircraft to aircraft and signaled when to start engines and when to taxi.  He constantly slipped on the ice, some of which was covered with snow.  He does not consider slipping as an error or misjudgment, but was caused by the weather and ground conditions while he was performing his assigned duties.

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

Applicant served as an enlisted member from 11 Jun 43 through 27 Oct 50, with a break in service.  He was appointed a second lieutenant, Reserve of the Air Force on 28 Oct 50 and was voluntarily ordered to extended active duty on that same date.  He served as an Aircraft Maintenance Officer.  He voluntarily retired from the Air Force on 31 Dec 66.  He served 20 years and 1 day 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 16 Dec 03 based upon the fact that his service-connected medical condition was determined not to be combat-related.  His application was subsequently approved for his tinnitus, rated at 10%. 
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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states his records reflect his treatment for low back pain dated as far back as 18 Jan 63.  He complained at that time of low back pain due to frequent slipping on ice.  Diagnosis at the time was herniated nucleous pulposis.  There is no record of hospitalization or other treatment, other than on 16 Apr 57 when he was awakened in the middle of the night by sudden severe pain on his left leg.  He has given different scenarios to the DVA on how he sustained his injury.  

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.  Military records must show a definite causal relationship 

The DPPD evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reiterates that his injury occurred during an ORI in England.  The ground was covered with a mixture of ice and snow.  Going from aircraft to aircraft he constantly would slip, but he never fell.  This constant slipping on ice between aircraft caused a disc in his lower back to slip out of place.   The ORI lasted for two days.  When he started to get out of bed 2 days later his disc completely slipped out of place.  He was hospitalized for two weeks.  He is unaware of what happened to his medical records 40 years ago and may not remember details of what happened.  However, will not forget going to a hospital.  He does not recall any back problem in 1957.  His complete response is 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-2004-00570 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 18 Feb 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 29 Apr 04.
    Exhibit D.  Letter, SAF/MRBR, dated 7 May 04.
    Exhibit E.  Letter, Applicant, dated 27 May 04.