RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-04055
		INDEX CODE:  108.07
		COUNSEL:  XXXXXXXXXXXXXXXXXX
		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:

His back injury occurred during a combat situation while serving in Vietnam.  This injury was inflicted while lifting boxes of leaflets weighing approximately 40 pounds and loading his U-10 aircraft to fly psychological warfare missions as his primary combat duty.

In support of his request, the applicant provided 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 25 September 1956.  He was progressively promoted to the grade of major, having assumed that grade effective and with a date of rank of 20 December 1969.  He served as an Operations Officer and Pilot.  On 31 December 1976, he was relieved from active duty and retired from the Air Force on 1 January 1976, having served 20 years, 3 months, and 6 days on active duty.

His CRSC application was partially approved on 28 October 2005 for impaired hearing and tinnitus; however, his conditions of hypertension and degenerative arthritis of the spine was disapproved based upon the fact that the service-connected medical conditions were determined not to be combat-related.  He appealed the decision and on 20 November 2005, the appeal was disapproved.

Available Department of Veterans Affairs (DVA) records reflect a combined compensable rating of 30% for his unfitting conditions.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states the applicant contends he incurred his back injury while "lifting boxes of leaflets, weighing approximately 40 pounds, loading his U-10 aircraft to fly psychological warfare missions as his primary combat duty."  Specifically, he states he could not perform his duty without these leaflets.  His service medical records dated 22 July 1969 note pain to his back, the cause of the pain is noted to be "lifting table yesterday and developed pain in lower back."  Injuries from lifting are not unique to military service or combat situations.  To qualify for CRSC, some combat-related event must have occurred during the act of lifting that caused or aggravated the injury.  DPPD can find nothing in the available evidence that would support approval under current CRSC criteria.

Additionally, although aircrew duties can be strenuous, conditions developed through the performance of normal service are not usually considered combat-related.  When considering chronic conditions, such as back strain, under the CRSC guidelines, it may be difficult to determine that armed conflict, hazardous service, instrumentality of war, or simulating war was the definitive cause.  To be eligible for compensation, clear documentation must be provided to indicate an injury occurred and was caused by a combat-related factor (such as ejection from an aircraft) rather than from routine causes or the veteran's particular physical make-up.  While the applicant meets the DVA requirements for service-connected compensation, the evidence does not support additional compensation under CRSC.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 25 July 2008, a copy of the Air Force 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-2007-04055 in Executive Session on 2 December 2008, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 5 November 2007, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPD, dated 11 July 2008, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 25 July 2008.