RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-02482
		INDEX CODE:  108.07
		COUNSEL:  YES
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His service-connected medical condition, degenerative arthritis of the 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:

The Department of Veterans Affairs (VA) diagnosed his condition as traumatic arthritis of the cervical spine.  The Air Force assigned him as an In-flight Refueling Specialist (Boom Operator) on the KC-135 aircraft from 1973 until 2000, when he retired.  There was no specific event that caused the traumatic arthritis of the cervical spine.  There was repetitive wear and tear causing stress on his cervical spine especially during combat sorties when he was required to wear additional equipment.

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:

Applicant contracted his initial enlistment in the Regular Air Force on 31 August 1972.  He was progressively promoted to the grade of senior master sergeant, having assumed that grade effective and with a date of rank of 1 June 1996.  He served as an In-Flight Refueling Superintendent Aircrew Instructor and In-Flight Refueling Craftsman Aircrew Standardization/Flight Examiner.  On 31 August 2000, he was relieved from active duty and retired from the Air Force on 1 September 2000, having served 28 years and 1 day on active duty.

Available Department of Veterans Affairs (DVA) records reflect a combined compensable rating of 40% for his unfitting conditions.
His CRSC application was disapproved on 11 September 2006 based upon the fact that his service-connected medical conditions were determined not to be combat-related.  However, his application was partially approved on 11 June 2007.  Tinnitus was determined to be combat-related with a compensable rating of 10%.

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AIR FORCE EVALUATION:

AFPC/DPSDC recommends denial.  DPSDC states although applicant’s condition has been deemed service-connected by the VA, their standard is to grant service connection for injuries or diseases manifested (or residuals of these injuries were treated) while in-service, and if necessary, resolve doubt in the interest of the veteran.  However, simply being in an armed conflict or exercise environment, being in a military vehicle, or performing hazardous service (flight crew, EOD, pararescue, etc.) does not automatically qualify an individual for CRSC.  

Although applicant believes his back condition is related to his boom operating duties, there is no in-service documentation that confirms a relationship between his aircrew in-flight refueling duties and this condition.  There have been studies to indicate that specialists such as himself may have an earlier onset of degenerative disease, but not to the degree of a clear, casual relationship with repetitive flying wearing various types of equipment.  Further, several opinions exist to indicate these conditions are simply associated with the aging process.

Many applicants believe the cause of their back condition should be “presumed” to be combat-related because of the stress involved with flying combat sorties; however, applicant stated that there was not one specific event which was the cause of his back condition.  Therefore, DPSDC does not agree that it would be logical (or equitable) to consider back conditions presumptive to performing these types of duties.

The DPSDC complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 14 September 2007, the evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit D).  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.  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-2007-02482 in Executive Session on 28 April 2008, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 30 July 2007, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSDC, dated 4 September 2007.
    Exhibit D.  Letter, SAF/MRBR, dated 14 September 2007.