RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01503
		INDEX CODE:  108.07
		COUNSEL:  NONE
		HEARING DESIRED:  Not Indicated

MANDATORY CASE COMPLETION DATE:  11 Nov 06

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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 back injury is the result of crash landing three B-24s out of missions over Europe during WWII.  After one of the three crashes he was told that he needed to learn to live with pain using physical therapy and medication because surgery was too risky.  While stationed at Warner Robins in 1952 he was hospitalized and put in stretch for two weeks because of his pain.

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 enlisted in the Regular Army on 14 Aug 42 and was discharged on 28 Aug 42.  He was appointed a second lieutenant, Army of the United States on 8 Feb 44 and was voluntarily ordered to extended active duty on that same date.  He was progressively promoted to the grade of major.  He served primarily as a pilot.  On 1 Dec 63, he voluntarily retired for years of service.  He served 20 years, 1 month, and 24 days on active duty.

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

His CRSC application was disapproved on 8 Apr 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 a review of his service and DVA medical records show his spinal disc condition is not combat related.  His records do not show, while in service, a combat-related event or events that were the direct cause of his disability.  There is no corroborating documentation in his records of the incidents he described, or any injuries he suffered in those incidents.

The DPPD evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responded that he does not have copies of his health records from WWII and all he knows is what he was told by the flight surgeon after the third crash landing.  He does not feel he is at fault if his records are not in his Air Force personnel files.  The DVA has determined that his condition is service connected in WWII combat.  

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-2004-01503 in Executive Session on 22 Sep 05, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 2 May 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 21 Jun 04.
    Exhibit D.  Letter, SAF/MRBR, dated 1 Jul 04.
    Exhibit E.  Letter, Applicant, dated 5 Jul 04.