RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00766
		INDEX CODE:  108.07
		COUNSEL:  NONE
		HEARING DESIRED:  Not Indicated

Mandatory Case Completion Date:  11 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:

Applicant makes no contentions regarding his spinal disc condition.  

In support of his request, applicant provided a personal statement, his CRSC denial letter, and an Agent Orange brief.  His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant served in the National Guard from 8 Aug 50 through 16 Mar 51.  He contracted his initial enlistment in the Regular Air Force on 22 Jun 51.  He was progressively promoted to the grade of master sergeant, having assumed that grade effective and with a date of rank of 1 Jan 70.  He served as a Munitions Specialist.  He voluntary retired from the Air Force on 31 Mar 73, having served 22 years, 4 months, and 18 days on active duty.

His CRSC application was approved on 24 Jun 04 for his chronic obstructive pulmonary disease, Agent Orange presumptive, rated at 60%.  His spinal disc condition was disapproved based upon the fact that the 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 back was injured by loading munitions on aircraft but does not relate to a specific incident.  Injuries sustained by lifting and loading munitions, where the injury was not caused by the device itself or the aircraft are not considered to be eligible for CRSC.  

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 1 Jul 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 evidence presented, it is the Board majority's 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.  The Board majority agrees with the opinion and recommendation of the Air Force office of primary responsibility and adopts its rationale as the basis for their conclusion that the applicant has not been the victim of an error or injustice.  In the absence of evidence to the contrary, the Board majority finds no compelling basis to recommend granting the relief sought in this application.

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RECOMMENDATION OF THE BOARD:

A majority of the panel finds insufficient evidence of error or injustice and recommends the application be denied.

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The following members of the Board considered AFBCMR Docket Number BC-2004-00766 in Executive Session on 6 Apr 05, under the provisions of AFI 36-2603:

By a majority vote, the Board voted to deny the request.  Mr. XXXX voted to correct the record and submitted a minority report, which is appended at Exhibit E.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 3 Mar 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 28 Jun 04, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 1 Jul 04.
    Exhibit E.  Minority Report, dated 13 Apr 05.

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
               FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of APPLICANT

	I have carefully reviewed the evidence of record and the recommendation of the Board members.  A majority found that the applicant had not provided sufficient evidence of error or injustice and recommended the case be denied.  I concur with that finding and their conclusion that relief is not warranted.  Accordingly, I accept their recommendation that the application be denied.

	Please advise the applicant accordingly.