RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02505
		INDEX CODE:  108.07
		COUNSEL:  NONE
		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  15 Aug 06

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APPLICANT REQUESTS THAT:

His service-connected medical conditions, back strain and migraine headaches, 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:

In 1956 he deployed to North Africa to participate in war games and training.  While there, he suffered an injury while working on an F-86 interceptor.  A dust storm came up and while trying to button down the aircraft he accidentally touched a high voltage power source.  It threw him from the top of the aircraft to the tarmac.  He suffered a broken nose and since there was no medical facility he went two weeks without treatment.  By the time he returned to home station he had forgotten about the injury; thus, the incident never was annotated in his medical records.  

In support of his request, applicant provided documentation associated with his CRSC application and documentation extracted from his Department of Veterans' Affairs 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 7 Jan 53.  He was progressively promoted to the grade of technical sergeant, having assumed that grade effective and with a date of rank of 1 Dec 67.  He served as a Weapons Control Systems Technician.  He voluntarily retired from the Air Force on 28 Feb 73, having served 20 years and 14 days on active duty.

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

His CRSC application was disapproved on 13 Jan 04 based upon the fact that documentation was not provided to show that his service-connected medical conditions were combat-related.  Although not requested, he was approved for his impaired hearing, currently rated at 0%.  

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states a review of his service and DVA medical records show he was treated throughout his career for back strain but his records do not provide evidence of a combat incident that caused his condition.  No mention of the alleged event can be found in his records.  His records do refer to a back injury, which occurred after an incident of heavy lifting in 1971 and a car accident in 1983.  DPPD states it seem unusual he would never make mention of this event to medical providers when seeking treatment later for his back strain and headaches.    He claimed he began having migraines in 1955 after this incident; however, his records show he was treated for a history of migraines on 14 Oct 53 and 4 Nov 53.  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 11 Mar 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 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-2004-02505 in Executive Session on 11 Jan 06, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 7 Aug 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 3 Mar 05, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 11 Mar 05.