RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00867
		INDEX CODE:  108.07
		COUNSEL:  NONE
		HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  18 Sep 05

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APPLICANT REQUESTS THAT:

His service-connected medical condition, spinal 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:

In 1951, while serving in the Army and stationed in Korea, he fell down a mountainside during a counter attack and injured his back.  He was assisted to the clinic where he was rushed through and provided medication for his pain.  He returned to the hospital on numerous occasions complaining of severe pain but was told to be patient because back injuries take a long time to heal.  In 1962 he was involved in a jeep accident while in Germany.  From that accident he sustained a concussion and a cut above his eye.  He complained about back pain, but not due to the accident in the jeep, because his pain had been continuous since Korea.  After his discharge, while employed as a letter carrier, he became paralyzed on his right side and was taken to the hospital by a co-worker.  After review of his military medical records, physicians there told him he had two herniated discs, one of which never heals.  The physician assisted him with his Department of Veterans Affairs (DVA) application.  He underwent two operations through the DVA.  After the second operation he was told he would feel discomfort for the rest of his life.  

In support of his request, applicant provided personal statement, documentation associated with his CRSC denial, a document extracted from his medical records, and a statement from his brother.  His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant served in the Army from 1 Feb 49 through 19 Oct 65.  He contracted his initial enlistment in the Regular Air Force on 14 Dec 65.  He was progressively promoted to the grade of technical sergeant, having assumed that grade effective and with a date of rank of 1 Jul 72.  He voluntarily retired from the Air Force on 30 Apr 74, having served 20 years and 12 days on active duty.

His CRSC application was disapproved on 3 Mar 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 reflect he was treated for lower back pain dating back to the time he was involved in a jeep accident.  X-rays showed he had spina bifida, which is considered a congenital disease.  There is no record of any other treatment for his back.  None of his physical examinations dating back to his enlistment in 1949 indicate problems with his back or mention any other injury other than the jeep accident.  His separation physical revealed that he had been seen for back pain but there was normal range of motion in the lumbar spine.  The fact that a member may have incurred a medical condition during a period of war or while participating in combat operations is not sufficient evidence to support a combat related determination.  Records must show a definite causal relationship between the armed conflict and the medical condition.  

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 21 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.

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue involved.  Therefore, the request for a hearing is not favorably considered.

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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-2004-00867 in Executive Session on 25 Apr 05, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 9 Mar 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 14 May 04.
    Exhibit D.  Letter, SAF/MRBR, dated 21 May 04.
    Exhibit E.  Letter, Applicant, dated 22 Mar 04, w/atch.