RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02461
		INDEX CODE:  108.07
		COUNSEL:  NONE
		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  17 Jan 06

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APPLICANT REQUESTS THAT:

His service-connected medical condition, intervertegral disc syndrome, 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 injury was incurred during a practice alert loading heavy supplies onto a truck.

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 Nov 51.  He was progressively promoted to the grade of senior master sergeant, having assumed that grade effective and with a date of rank of 1 Aug 69.  An MEB was convened on 8 Jan 74, and referred his case to an Informal Physical Evaluation Board (IPEB) with a diagnosis of status post laminectomy with instability and post lateral spinal fusion.  On 17 Jan 74, the IPEB found him unfit for further military service and recommended that he be placed on the Temporary Disability Retired List (TDRL) with a combined compensable rating of 40%.  The applicant agreed with the findings and recommended disposition of the IPEB.  He was placed on the TDRL on 19 Feb 74.  It was determined that his disability was not the direct result of armed conflict or was caused by an instrumentality of war or was incurred in the line of duty during a period of war.  On 29 Oct 74, the PEB recommended that he be permanently retired from the Air Force with a combined disability rating of 40%.  The applicant did not agree with the recommended findings.  On 21 Nov 74, the Personnel Council directed that he be removed from the TDRL and retired with a compensable percentage of 60%.  He was removed from the TDRL and retired on 18 Feb 74, having served 22 years, 22 months, and 22 days on active duty.

Available Department of Veterans Affairs (DVA) records reflect a combined compensable rating of 60% for his unfitting conditions.  

His CRSC application was disapproved on 16 Jul 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 intervertegral disc syndrome is not combat related.  He claimed he injured his back loading 100lb bags of potatoes and 150lbs of beef onto a truck during an exercise.  Lifting 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:

Applicant responded and reiterates that his injury was incurred while loading foods for transport to dining halls during an exercise simulating war.  During an exercise lifting food is as important as lifting simulated cargo, wounded soldiers, boxes of ammo, or aircraft parts.  He feels that his injury meets the criteria for CRSC.  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-2004-02461 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 3 Aug 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 1 Dec 04.
    Exhibit D.  Letter, SAF/MRBR, dated 10 Dec 04.
    Exhibit E.  Letter, Applicant, dated 14 Dec 04, w/atchs.