RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2005-00023
		INDEX CODE:  108.07
		COUNSEL:  NONE
		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 7 Jul 06

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APPLICANT REQUESTS THAT:

His service-connected medical conditions, limited motion in cervical spine and lumbar spine, 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:

While working on a C-130 engine in Vietnam, utilizing a B-4 maintenance stand, security personnel struck the stand with a vehicle while responding to an intrusion.  He was knocked off the stand and fell about 10 feet to the ground injuring his back.  

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 13 Sep 63.  He was progressively promoted to the grade of technical sergeant, having assumed that grade effective and with a date of rank of 1 Sep 81.  He served as a Maintenance Data System Analysis Technician, an ICBM System Analysis Technician, and a Quality Control Technician.  He voluntarily retired from the Air Force on 30 Jun 87, having served 20 years and 15 days on active duty.

Available Department of Veterans Affairs (DVA) records reflect a combined compensable rating of 70% for his unfitting conditions.  

His CRSC application was disapproved on 30 Mar 04 based upon the fact that his 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 medical records shows no evidence to support his contention.  He was treated several times throughout his career for low back pain; however, his records do not provide evidence of a combat related incident occurring that caused his condition.  An entry dated 28 Sep 82, indicates him recalling an episode of falling from a great height several years before; however, his DVA rating decision and providers throughout his service referenced a fall from a horse and lifting hay bales as the original causes of his back condition.

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-2005-00023 in Executive Session on 15 Dec 05, under the provisions of AFI 36-2603:

	Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 Dec 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 1 Mar 05.
    Exhibit D.  Letter, SAF/MRBR, dated 11 Mar 05.

                                   
                                   Chair