RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00663
		INDEX CODE:  108.07
		COUNSEL:  NONE
		HEARING DESIRED:  NO

Mandatory Case Completion Date: 3 Sep 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:

His is requesting CRSC under the guidance that his condition was incurred while engaged in hazardous service, aerial flight.  He was on full time flying status from 1954 until 1971.  His removal was a result of neurological damage caused by surgery performed in 1966.  His disability today reads "Spinal Disc Condition" whereas at the time of the award of service connection for his disability, the Department of Veterans Affairs (DVA) described the condition as "Postoperative residuals HNP, lumbar spine, left lower extremity."  The DVA description is implicit that a surgical procedure was performed.  On 12 Dec 66, he underwent a laminectomy to repair a herniated disc, which he suffered while engaged in hazardous duty as a KC-135 Navigator on a mission from Andrews AFB to Seattle WA.  The herniation of his disc appeared to be sudden in onset, but certainly the annulus could have been the accumulation of wear and tear brought on by the hazardous service in which he was engaged.  In addition to the above, applicant states that entering KC-135 aircraft while wearing heavy flight gear and pushing and loading personal luggage through the crew entry hatch places stress on the spine.  Cockpit crew seats are notoriously difficult to get in and out of and crewmembers are required to wear parachutes, creating more stress and strain on the spine.  On many missions he flew around and through thunderstorms whose turbulence severely tested the integrity of the airframe, adding more stress on the spine during such hazardous service.  On a few occasions he sat through what can only be described as "hard landings."  

In support of his request, applicant provided a personal statement, documents associated with his CRSC application, a document extracted from his DVA records, a copy of his DD Form 214, and documents extracted from his flight records.  His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant served in an enlisted status from 4 Sep 53 through 30 Sep 54.  He was appointed a second lieutenant, Reserve of the Air Force on 1 Oct 54 and was progressively promoted to the grade of major.  He served as a navigator on board a variety of aircraft.  On 17 Dec 74, a Physical Evaluation Board (PEB) convened to consider his diagnosis of radicular pain, left lower extremity, post laminectomy and discectomy L5-S1, mild hypertension, and diabetes mellitus.  The PEB found he was not unfit because of a physical disability and recommended he be returned to duty.  The applicant did not agree with the findings and recommendation and requested a formal hearing.  On 27 Jan 75, the USAF PEB concurred with the recommendation and directed that he be returned to duty.  On 31 Mar 75, he voluntarily retired for years of service.  He served 21 years, 6 months, and 27 days on active duty

Available documentation reflects a DVA combined compensable rating of 70% for his unfitting conditions.  

His CRSC application was disapproved on 9 Jan 04 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 records reflect he was treated for buttock and leg pain in 1966 and underwent a laminectomy and discectomy at LR-S1.  In 1968 he developed progressive onset of pain aggravated by activity and was put on bed rest with medication.  The recurrence continued through 1973 when a lumbar myelograph was performed that revealed herniation of the disc material.  His spinal disc condition is not considered to be the result of combat related acts, instrumentality of war, or due to hazardous service.  His records reveal no record of any particular injury that could account for the onset of his back pain.  All records appear to show normal duties performed during the completion of his military responsibilities as a Navigator and do not show a direct correlation to combat operations. 

The DPPD evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reiterates that at the time he suffered his injury he was on a flight from Andrews AFB to Seattle, WA.   Surgery was required to repair the disc.  Since aerial flight is considered as hazardous service, he believes he is qualified for CRSC.  A herniated disc may occur suddenly from lifting, twisting, or direct injury.  It may also occur as the result of the disc having been weakened over time.  As a navigator he had approximately 2,950 hours of flight time.  Of that, a total of 63.1 hours was combat time.  

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-2004-00663 in Executive Session on 6 Apr 05, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 27 Feb 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 28 Apr 04.
    Exhibit D.  Letter, SAF/MRBR, dated 7 May 04.
    Exhibit E.  Letter, Applicant, dated 4 Jun 04, w/atchs.