RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02604
		INDEX CODE:  108.07
	 	COUNSEL:  NONE
		HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  24 Feb 06

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APPLICANT REQUESTS THAT:

Her 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:

She was injured while on a mission evacuating wounded patients in Vietnam.  During takeoff the aircraft caused her to lose her footing and balance causing an injury to her back.  

In support of her request, applicant provided a personal statement and documentation associated with her CRSC application.  His complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

Applicant was appointed a captain on 18 Oct 67 and was progressively promoted to the grade of colonel.  He served as a Nurse Corps Officer.  On 29 Nov 97, her name was placed on the USAF Retired List.  She completed 30 years, 1 month, and 11 days of Federal service and 20 years of active duty.

Her CRSC application was approved on 21 Jun 04 for PTSD, rated at 50%.  Her spinal disc condition was disapproved based upon the fact that the 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 her service and DVA medical records show her spinal disc condition is not combat related.  She claimed she injured her back lifting litters into an aircraft during hostile fire.  Injuries sustained by lifting, where the injury was not caused by the aircraft itself is not considered to be eligible for CRSC.  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 24 Nov 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 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.

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-2004-02604 in Executive Session on 13 Oct 05, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 18 Aug 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 17 Nov 04.
    Exhibit D.  Letter, SAF/MRBR, dated 24 Nov 04.