RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2005-00069
		INDEX CODE:  108.07
		COUNSEL:  NONE
		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 8 Jul 06

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APPLICANT REQUESTS THAT:

His 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:

His back injury was incurred returning from a mission against a target in Northern France.  Flak and gun damage to the hydraulic system of his aircraft forced the pilot to order the crew to bail out.  In the process of bailing out one of the crewmembers chest parachute hung in the nose door opening, leaving him dangling in the slip stream beneath the fuselage.  He assisted another crewmember in pulling him back into the aircraft and in the process he injured his back.  

In support of his request, applicant provided a personal statement, flight logs, commendations received, an excerpt from a book, and documentation associated with his CRSC application.  His complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

Applicant served in an enlisted status from 23 Jan 42 through 13 Jan 43.  He was appointed a second lieutenant, Reserve of the Air Force on 14 Jan 43.  He was progressively promoted to the grade of lieutenant colonel, having assumed that grade effective and with a date of rank of 12 Mar 61.  On 31 Aug 68, he voluntarily retired for years of service.  He served 26 years, 7 months, and 8 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 21 Apr 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 the applicant has provided a magazine article that recaps the event he claims led to his spinal disc injury; however, a review of his service medical records fails to show documentation that he suffered an injury from this incident.  He did receive treatment for a back condition nearly twenty years later, but no relationship between the event in question and his injury was mentioned in his medical records.  

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 21 Jan 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 condition the applicant believes is 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, 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-2005-00069 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 29 Dec 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 14 Jan 05.
    Exhibit D.  Letter, SAF/MRBR, dated 21 Jan 05.

                                   
                                   Chair