RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02705
		INDEX CODE:  108.07
		COUNSEL:  NONE
		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  21 FEBRUARY 2008

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APPLICANT REQUESTS THAT:

His service-connected medical condition, Intervertebral 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:

The circumstances which led to his injury were hostile conditions in a combat zone.  Jumping from a helicopter with equipment landing and then having to run in a crouched position to avoid enemy fire are what caused his spine injury.  The actions taken to avoid fire and the resultant disc condition have probably been more life altering than being wounded.  

In support of his request, applicant provides a personal statement and a copy of his CRSC application with associated documents.   His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 31 July 1991, the applicant retired from the Air Force in the grade of lieutenant colonel, after serving 24 years, 1 month, and 13 days on active duty.  

On 19 August 2004, the applicant’s original request for CRSC for his back condition was disapproved.  He appealed the decision, along with requesting CRSC for other conditions associated with exposure to Agent Orange.  His appeal was partially approved on 17 August 2005; however, his back condition was again disapproved.   

Available Department of Veterans Affairs (DVA) records reflect a VA Rating Decision, dated 19 February 1992, compensable rating of 10% for his unfitting condition.  
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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD advises that available evidence in his service record does not substantiate the applicant’s description of the events leading up to his injury.  Additionally, there is medical evidence that indicates his back condition began prior to September 1967, which was well before his tour in Vietnam.  DPPD advises that without some evidence from the period of service which corroborates his claims, DPPD is unable to justify approval of CRSC.  

The DPPD complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states he knows that his back injury was a result of lifting a heavy generator from a helicopter in a “hot landing zone” and running for cover while carrying it in a crouched position.  If he had been in non-hostile, non-life threatening lifting conditions, utilizing proper body mechanics, the injury would not have happened.  Applicant states that the September 1967 medical entry was done while he was in pilot training.  He was flying the T-37 trainer and had a parachute strapped to his back.  This type of complaint was a common occurrence with student pilots and to alleviate the problem, inflatable kidney packs were readily available.  If this had been a “chronic condition,” there would have been additional evidence of this in his medical history over the next three and one half yeas prior to the Vietnam injury.  The applicant’s complete letter, 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 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 Docket Number BC-2004-02705 in Executive Session on 16 January 2007, under the provisions of AFI 36-2603:

The following documentary evidence pertaining to Docket Number BC-2004-02705 was considered:

    Exhibit A.  DD Form 149, dated 17 Aug 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 2 Oct 06.
    Exhibit D.  Letter, SAF/MRBR, dated 13 Oct 06.
    Exhibit E.  Letter, Applicant, dated 27 Oct 06.