RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00846
		INDEX CODE:  108.07
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to reflect that his service-connected medical conditions, injuries to his neck, thoriacic spine, knees and headaches are the result of impact trauma from parachuting, in order to be assessed as combat related and qualify for compensation under the Combat Related Special Compensation (CRSC) Act.

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APPLICANT CONTENDS THAT:

His conditions were incurred in the performance of a hazardous duty, during his 20 years of duty as a Survival, Evasion, Resistance, and Escape Instructor.  The majority of his disabilities are the result of years of duty as a Parachutist demonstrating the capabilities of the ejection parachute.  The wedging of his T7, T8, C5 and C6 vertebrae as well as pain in both knees are due to years of hard landings under the C-9 ejection canopy.  A landing in extremely high winds in 1989 is the most likely source of the compression fractures to his back and neck.  Shortly after this incident his headaches began.  

In support of his request, applicant provided a personal statement, documents extracted from his medical records, documentation associated with his Department of Veterans Affairs (DVA) rating decision, documentation associated with his parachute duties, and a physician's statement.  His complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force on 24 Jun 75.  He was progressively promoted to the grade of master sergeant, having assumed that grade effective and with a date of rank of 1 Jun 92.  He served as a Survival, Evasion, Resistance, and Escape Training Craftsman.  He voluntary retired from the Air Force on 30 Jun 99, having served 24 years and 7 days on active duty.

Current Department of Veterans Affairs (DVA) records reflect a combined compensable rating of 70% for his unfitting conditions.  

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AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial.  The Medical Consultant states review of his service medical records finds no entries for parachute jump related injuries.  He sought care for neck pain following a motor vehicle accident.  His knee condition is a common problem experienced in the general population.  There is nothing about the clinical findings or x-rays that suggests this is the result of an unusual impact injury.  He participated in sports activities that posed a greater cumulative wear and tear on the knees.  His headaches began several years after he stopped parachute duty and were not diagnosed as caused by any factor related to previous parachute duties.  His anterior wedged thoriacic vertebra may plausibly be explained by a jump injury, however such injury would result in acute pain and there are no medical record entries for such an incident.  Such changes can also be developmental and may be a cause for back pain and later degenerative changes.  He in fact, sought care for thoriacic back pain in 1979, which is consistent with the latter possibility.  Regardless the evidence of record is insufficient to support granting his request for CRSC.  

There is no evidence in his record that his service connected conditions were incurred as a direct result of armed conflict, while engaged in hazardous service, while engaged in performance or duties under conditions simulating war, as a result of instrumentality of war, or other qualifying conditions.  The Medical Consultant Evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

His request for a change of his records is to ensure his records accurately reflect the nature of the physical problems he has that were not correctly identified and recorded during his military service so that he may receive compensation that is due to him.  The cause of his conditions was never fully investigated during his military service.  Most often he was looked at by an Independent Duty Medical Technician and not a doctor.  The causes of his problems were identified by a civilian doctor three years after his retirement.  He did have lower back pain in 1979; however, the pain and injury he sought compensation for is in the middle of his back.  The reason there is no medical entries for injury after the parachute mission in 1989 is because hard landings followed by sore and stiff back and legs with headaches were a common side effect of demonstrating the C-9 parachute.  His pain at the time was tolerable so he just sucked it up and continued to do his job.  Since he was removed from parachute duties, he no longer received annual flight physicals that incorporated x-rays that would have identified his deformed vertebrae earlier.  Because the doctors did not make this connection and record it in his medical records does not negate the fact that it happened.  

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 conditions the applicant believes are combat-related were 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, do 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-2004-00846 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 10 Mar 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 15 Dec 04.
    Exhibit D.  Letter, SAF/MRBR, dated 17 Dec 04.
    Exhibit E.  Letter, Applicant, dated 10 Jan 05.