RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2008-01938
		INDEX CODE:  108.07
		COUNSEL:  NONE
		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His service-connected medical condition, invertebral disc syndrome be reevaluated 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 injury was incurred while working on aircraft performing combat missions during Operation Urgent Fury.

In support of his request, the applicant provided a personal statement and documents extracted from his military records.

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

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STATEMENT OF FACTS:

On 17 Dec 80, the applicant contracted his initial enlistment in the Regular Air Force.  He was progressively promoted to the grade of senior master sergeant having assumed the grade effective and with a date of rank of 1 Nov 99.  He was honorably retired on 1 Dec 01.

Available Department of Veterans Affairs (DVA) records reflect a combined 70% disability rating for his service connected disabilities.

The applicant submitted an application for CRSC for impaired hearing, tinnitus, inflammation of all radicular nerve groups-right upper and intervertebral disc syndrome.  His application was partially approved on 9 Aug 07 for impaired hearing and tinnitus but was denied for inflammation of all radicular nerve groups-right upper and intervertebral disc syndrome.  He appealed the board’s decision and the appeal was denied on 11 Sep 07.  No evidence was provided to show his back condition was the direct 
result of armed conflict, hazardous service, instrumentality of war or simulating war.
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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states there is no evidence to indicate his invertebral disc syndrome was caused by a combat-related event.  His medical records reflect he hurt his back while lifting.  Although his military duties were strenuous, conditions developed through the performance of normal service are not usually considered combat related.  In order for the applicant to be eligible for compensation under CRSC, evidence must be provided to indicate his condition was caused by a combat-related event (such as the concussion of a bomb blast) rather than a routine activity such as heavy lifting.

APFC/DPPD's complete evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant provided a letter from his physician stating that he has degenerative changes and disc herniations at C4-C5, C5-C6, C6-C7 and C7-T1.  He had surgery on 7 Jun 07 for his C7-T1 disc herniation.  His physician further states in looking at the MRI it is difficult to date the disc herniations and if his new MRIs were compared with the old ones and there were changes at the disc that required surgery at C7-T1 it is certainly possible that the disc was injured at the time of the initial injury.

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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.

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 issues involved.  Therefore, the request for a hearing is not favorably considered.

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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-2008-01938 in Executive Session on 2 Dec 08, 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 17 May 08, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 30 Jun 08.
    Exhibit D.  Letter, SAF/MRBR, dated 18 Jul 08.
    Exhibit E.  Letter, Applicant, dated 29 Jul 08.
    Exhibit F.  Letter, Applicant, dated 2 Aug 08, w/atch.
    Exhibit G.  Letter, SAF/MRBC, dated 15 Sep 08.
    Exhibit H.  Letter, Applicant, not dated, w/atch.

							XXXXXXXXXX
							Chair