RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-00865
		INDEX CODE:  108.07
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His service-connected medical condition, neuralgia of the sciatic nerve, 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 disability occurred during basic training.  It was not a specialized or advanced training but the basic training at Camp Grant prepared him for the role of soldierly survival as well as the basic medical skills to perform his assigned tasks as a combat medic.  On frequent occasions he found himself in a strip of terrain called no-mans land and he is quite certain that some wounded combat infantry men were glad and relieved to have him at their side.

In support of his request, the applicant provided a personal statement and documentation associated with his CRSC application.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant entered active duty in the Regular Air Force on 26 February 1944.  He was progressively promoted to the grade of lieutenant colonel, having assumed that grade effective and with a date of rank of 29 May 1971.  He served as a Supply Officer.  On 26 September 1982, he retired, having served 27 years, 1 month, and 21 days on active duty.

His CRSC application was disapproved on 29 November 2004 based upon the fact that his service-connected medical condition was determined not to be combat-related.  He appealed the decision on 13 November 2006 and 8 March 2007 and his appeals were disapproved.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states it is evident the applicant sought treatment for sciatic pain during service; however, there is no evidence to indicate this condition was directly caused by armed conflict, hazardous service, instrumentality of war, or simulating war.  To consider a disability claimed as combat-related, the disability must meet the rigorous standards established for combat-related disabilities and not merely have a service connection.  Therefore, there must be documentation that shows the direct combat-related cause of each disability.  A review of his record contained no evidence to confirm his disability was the direct result of a combat-related factor.  Having incurred the disability while in basic training or on active duty, in and of itself, is not sufficient to support approval of his request.

The complete DPPD evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and states that during WWII initial treatment and evacuation on the battlefield was done by combat medics, normally a litter/bearer team.  Camp Grant taught him the soldiery skills for survival - obstacle and infiltration courses, gas alerts, explosives and small arms, cover and concealment.  He learned how to be a combat medic.  He was lectured, practiced and performed the basic knowledge of the anatomy - controlling bleeding by tourniquet or digital pressure and recording, application of bandages to different parts of the body, the use of morphine surrettes (when needed) and recording how to carry the litter.

It was during his training at Camp Grant that he incurred the disability of neuralgia of the sciatic nerve (more to the right leg than left leg).  After training he then reported to Camp Reynolds, PA, a processing camp for overseas assignments.  While there he was treated for his right sciatica.  After several weeks he went to Camp Shanks, NY, a port of embarkation and arrived in England shortly later then France.  No further medical training was ever received after Camp Grant.  By slow motor convoy he was finally assigned to the 30th Infantry Division, 117th Infantry Regiment, 2nd Medical Aid Station as a combat medic - litter/bearer.

The applicant's complete response, with attachment, 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.  The available evidence of record does not support a finding that the service-connected medical condition the applicant believes is combat-related was 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 an error or injustice; the application was denied without a personal appearance; and 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-2007-00865 in Executive Session on 2 December 2008, under the provisions of AFI 36-2603:

	XXXXXXXXXX, Chair
	XXXXXXXXXX, Member
	XXXXXXXXXX, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 14 March 2007, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPD, dated 5 August 2008, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 29 August 2008.
   Exhibit E.  Letter, Applicant, dated 8 September 2008, w/atch.

                                   XXXXXXXXXX
                                   Chair