RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02117
		INDEX CODE:  108.07
		COUNSEL:  NONE
		HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE: 11 JAN 06
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APPLICANT REQUESTS THAT:

His service-connected medical conditions, degenerative arthritis and condition of the skeletal system 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:

He flew 43 combat missions in Vietnam as an aerial combat photo officer.  During these missions he had to perform many high stress maneuvers, pulling high G-forces to avoid anti-aircraft missile and ground fire.  These actions were the direct, eventual cause of all of his disabilities.  

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:

After serving as an enlisted member, applicant was commissioned on 13 May 68.  He was progressively promoted to the grade of lieutenant colonel.  He served as a Visual Information Officer and Aerial Photographer.  On 31 Jan 93, he voluntarily retired for years of service.  He served 29 years, 4 months, and 23 days on active duty

His CRSC application was approved on 23 Feb 04 for his malignant growth genitourinary, rated at 40%.  His remaining conditions were denied.  On 2 Jul 04, his request was reevaluated and amended to show approval for tinnitus, rated at 10%; ganglion cyst, left wrist, rated at 0%; impaired hearing, rated at 0%, and his malignant growth genitourinary, was amended to show a rating of 10%.  His remaining conditions were denied based upon the fact that the 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 degenerative arthritis and condition of the skeletal system are not combat related.  His records do not show, while in service, a combat-related event or events that were the direct cause of his disabilities.  His DVA records state that on 15 Jun 93 "Impression was that this (neck condition) represented probably an old compression injury.  Otherwise, service medical records are completely negative for complaints of or findings regarding the neck, midback or low back."  He complained about his sore back in June 1971 when he was bending over removing a bar from a glass door.  His service medical records state he slipped on ice and hit his right elbow, and complained of stiff neck and sprained ankle in March 1987.  There is no corroborating documentation of the incidents he described or nay injuries he suffered in those incidents, in his application or service records.  

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 16 Jul 04 for review and comment within 30 days.  As of this date, this office has received no response.

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ADDITIONAL AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial.  The Medical Consultant states although he participated in armed combat, there is no evidence his cervical spine, lumbar spine, shoulder or ankle conditions were incurred as a direct result of armed conflict.  The applicant did not fly in modern high performance fighter aircraft that have been associated with an earlier onset of degenerative spine disease.  His total flight hours in the F-105 does not come close to the number of flight hours the experienced pilots of modern high performance fighter aircraft with an apparent earlier onset of degenerative spine disease whose total hours in those aircraft typically exceed 2,000 hours.  There are no documented shoulder or ankle injuries associated with aerial flight.  

The Medical Consultant Evaluation is at Exhibit E.

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APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy of the additional Air Force evaluation was forwarded to the applicant on 29 Apr 05 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 opinions and recommendations of the Air Force offices of primary responsibility and adopt their 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 issues 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-2004-02117 in Executive Session on 26 Jul 05, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 6 Jul 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 12 Jul 04, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 16 Jul 04.
    Exhibit E.  Letter, BCMR Medical Consultant, dated 28 Apr 05.
    Exhibit F.  Letter, SAF/MRBC, dated 29 Apr 05.