RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2005-00172
		INDEX CODE:  108.07
		COUNSEL:  NONE
		HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE: 15 Jul 06

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APPLICANT REQUESTS THAT:

His service-connected medical conditions, heart prosthesis and 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:

His back problem first occurred while flying a combat training mission in 1975 simulating wartime conditions.  After the incident he informed doctors of the injury.  The fact that the doctors may or may not have written his back problem manifested itself while he was flying a combat training mission does not lessen the facts of how the injury occurred.  He has provided an affidavit of such.  A loud heart murmur developed after flying long tedious hours in the Pacific, which evolved into the problem requiring surgery.

In support of his request, applicant provided a personal statement, an affidavit 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 25 Jan 60 through 6 Jul 61.  He was appointed a second lieutenant, Reserve of the Air Force on 7 Jul 61.  He was progressively promoted to the grade of major, having assumed that grade effective and with a date of rank of 1 Apr 71.  He served as a pilot, On 31 Jan 80, he voluntarily retired for years of service.  He served 20 years and 6 days on active duty.

His CRSC application was disapproved on 13 Jul 04 based upon the fact that his service-connected medical condition was determined not to be combat-related.  His impaired hearing was subsequently approved, rated at zero percent.  

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states a review of his service and DVA medical records failed to produce documentation shoWing the specific causes of his heart condition and intervertebral disc syndrome.  His records do not show, while in service, a combat-related event or events that were the direct cause of these disabilities.  

The DPPD evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states the affidavit he provided was supposed to update his records.  Rules allow for affidavits when personal records may be lost, incomplete, or otherwise unavailable.  Any additional records are now inferior to the affidavit.  His affidavit substantiates the back injury manifested while on a combat training mission. 

His complete response 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 the Board majority's 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.  The Board majority agrees with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for their conclusion that the applicant has not been the victim of an error or injustice.  In the absence of evidence to the contrary, the Board majority finds 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 issue involved.  Therefore, the request for a hearing is not favorably considered.

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RECOMMENDATION OF THE BOARD:

A majority of the panel finds insufficient evidence of error or injustice and recommends the application be denied.

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The following members of the Board considered AFBCMR Docket Number BC-2005-00172 in Executive Session on 4 Jan 06, under the provisions of AFI 36-2603:

	Chair
	Member
	Member

By a majority vote, the Board voted to deny the request. voted to correct the record and did not desire to submit a minority report.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 7 Jan 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 8 Feb 05.
    Exhibit D.  Letter, SAF/MRBR, dated 18 Feb 05.
    Exhibit E.  Letter, Applicant, dated 7 Feb 05.

                                   
                                   Chair