RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER:	BC-2008-02065 INDEX CODE:	108.07
XXXXXXX	COUNSEL:	NONE
HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
His service-connected medical condition, intervertebral disc syndrome be assessed as combat-related in order to qualify for compensation under the Combat-Related Special Compensation (CRSC) Act.

APPLICANT CONTENDS THAT:
The documentation on his back injury while lifting a pallet on a C-141 carrying Vietnam patients needs correcting. His medical records reflect the back injury; however, the attending physician did not record the cause of the injury or the severity of it. His pain continued as recorded in his retirement physical.

His complete submission is at Exhibit A.

STATEMENT OF FACTS:
On 31 December 1973, the applicant retired in the grade of colonel. He served 22 years and 5 days on active duty.

He applied for CRSC for impaired hearing, tinnitus, intervertebral disc syndrome and hypertension. His claim was partially approved 30 June 2004, for impaired hearing. He provided additional information for his condition of tinnitus and it was subsequently approved on 11 April 2005. He appealed the board’s disapproval of compensation for his hypertension and intervertebral disc syndrome but the appeal was denied on 7 May 2008. No evidence was provided to confirm these disabilities were the direct result of armed conflict, hazardous service, instrumentality of war, or simulating war.

AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD provides a review of the applicant’s medical records and states in order to determine a disability is combat-related there must be objective documentary

evidence that the disability is the direct result of a combat- related event or events or performance of duty simulating war or caused by hazardous service or an instrumentality of war. The applicant indicated his back injury was from lifting a pallet on a C-141 and carrying wounded and sick patients. He was also required to sit for prolonged periods of time, which he contends led to the intervertebral disc syndrome. DPPD states in order for a disability to be eligible for compensation under CRSC, the condition 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. Furthermore, an injury incurred from lifting a pallet or carrying patients does not qualify for CRSC unless there is clear evidence of a combat-related event  contributing to the injury. 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 intervertebral disc syndrome, under 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 makeup. While his conditions meet the DVA requirement for service-connected compensation, the evidence does not support additional compensation under CRSC.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant responded stating the physician did not adequately record the injury that occurred while he was unloading a group of sick and wounded military personnel from Vietnam. If unloading a group of servicemen from Vietnam does not constitute an act of war he does not know what does unless it is limited to hostile fire in combat. He would have been careful on information entered in his records had he been aware of CRSC pay. The DVA treated him for this problem and concurred it was service- connected.

His complete response is at Exhibit E.

THE BOARD CONCLUDES THAT:
1.	The applicant has exhausted all remedies provided by existing law or regulations.
1.	
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 he 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. Accordingly, 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.

THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate the existence of an error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

The following members of the Board considered AFBCMR Docket Number BC-2008-02065 in Executive Session on 23 February 2009, under the provisions of AFI 36-2603:

Chair 
Member 
Member
The following documentary evidence was considered: Exhibit A.	DD Form 149, dated 28 May 2008.
Exhibit B.	Applicant's Master Personnel Records.
Exhibit C.	Letter, AFPC/DPPD, dated 8 October 2008, w/atchs. Exhibit D.	Letter, SAF/MRBR, dated 24 October 2008.
Exhibit E.	Letter, Applicant, not dated.