RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01505
		INDEX CODE:  108.07
		COUNSEL:  NONE
		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  11 Nov 05

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APPLICANT REQUESTS THAT:

His service-connected medical conditions, lumbar disc disease, impairment of sphincter control, loss of use of both feet, neurologenic bladder, kidney trauma, and cervical disc disease, 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 and left hip injures were incurred while assigned to Taiwan in 1958, when a crane operator accidentally dropped a 400lb container on him.  In January 1965, while stationed in Vietnam and in a bunker during a "VC alert," an individual threw a volleyball into the bunker and jumped feet first on top of him, striking him on top of his right shoulder with his elbow and knocking his head against a post.  He was treated for a torn rotary cuff and shoulder muscle along with a hairline fracture in his neck.  During his tour in Vietnam he was exposed to weekly sprayings of Agent Orange.  

In support of his request, applicant provided documentation associated with his CRSC application and documentation extracted from his medical and Department of Veterans' Affairs (DVA) records.  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 24 Sep 53.  He was progressively promoted to the grade of master sergeant, having assumed that grade effective and with a date of rank of 1 Sep 71.  He served as an Aerospace Control and Warning Systems Technician.  He voluntarily retired from the Air Force on 30 Sep 78, having served 24 years, 2 months, and 13 days on active duty.

Available DVA records reflect a combined compensable rating of 100% for his unfitting conditions.  

His CRSC application was approved for major depressive disorder (post traumatic stress disorder), rated at 50%.  His remaining conditions were disapproved based upon the fact that his service-connected medical conditions were 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 lumbar disc disease, impairment of sphincter control, loss of use of both feet, neurologenic bladder, kidney trauma, and cervical disc disease are not combat related.  His records show he injured his back when an S-80 shelter box fell on him.   He claims his kidney trauma was caused by this same event.  This event is not considered a combat related event.  In addition, his loss of use of both feet are secondary to his back condition based upon DVA records.  His DVA records state the impairment of sphincter control was established as related to the disability of appendectomy, which is not a combat related event.  He claims his neurologenic bladder was caused by Agent Orange.  This is not a condition currently recognized as presumptive to Agent Orange.  He claimed his cervical disc disease, a torn rotary cuff, and shoulder muscle injury were caused during a VC alert when an individual jumped into his bunker and landed on him.  His records contain an entry dated 18 Mar 65, which shows he injured his shoulder while playing volleyball on 23 Feb 65.  A sports activity is not considered a combat related event.  

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 Jun 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 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-2004-01505 in Executive Session on 1 Jun 05, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 5 May 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 23 Jun 04.
    Exhibit D.  Letter, SAF/MRBR, dated 1 Jun 04.