RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01402
		INDEX CODE:  108.07
		COUNSEL:  NONE
		HEARING DESIRED:  NO

Mandatory Case Completion Date:  4 Nov 05

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APPLICANT REQUESTS THAT:

His service-connected medical condition, back strain, 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:

The medical records that he needs to support his claim are not on file at the National Personnel Records Center or at the Department of Veterans Affairs (DVA) Record Management Center.  The injury he sustained is documented in his records between 16 Jun 70 through 26 Mar 74, and seems to have vanished.  The injury occurred while stationed at Udorn Thailand during the Vietnam War.  While working on an F-4 aircraft repacking the right main landing strut, the strut slipped from the holding fixture.  His back was injured trying to support the strut.  It is not his fault his records are lost.

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

Applicant contracted his initial enlistment in the Regular Air Force on 16 Jun 70.  He was progressively promoted to the grade of master sergeant, having assumed that grade effective and with a date of rank of 1 Nov 95.  He served as a Personnel Craftsman and an Aircraft Hydraulic Systems Craftsman.  He served in Udorn Thailand from 30 Nov 72 through 27 Aug 73.  He voluntary retired from the Air Force on 30 Apr 01, having served 23 years, 2 months, and 18 days on active duty.

Current DVA records reflect a compensable rating of 10% for his unfitting condition.  

His CRSC application was disapproved on 19 Feb 04 based upon the fact that documentation to support his claim was not presented and 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 a review of his service and DVA medical records show his back strain is not combat related.  There is no corroborating documentation of the incident he claims caused his injury.  His service medical records, dated 16 Sep 73 show he complained of back pain from a lot of walking and standing.  His records are otherwise silent for any specific back injury.

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 9 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 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-2004-01402 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 22 Apr 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 30 Jun 04.
    Exhibit D.  Letter, SAF/MRBR, dated 9 Jul 04.