RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2008-03362
		INDEX CODE:  108.07
		COUNSEL:  NONE
		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His service-connected medical condition, lumbosacral or cervical strain, 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:

While engaged in ground operations against an opposing armed force, he could not afford time to seek medical attention for his lower back injuries.  Because he did not seek medical attention, documentation of lower back injuries does not exist.  Because he has a high threshold of pain tolerance and did not want to let his fellow airmen down, he did not seek medical attention for many injuries received in his Air Force career.  He knows that repeated excessive pressures (probable causes of degenerative disc disease) on his lower spine occurred while loading combat aircraft with over 11 million pounds of net explosive weight.

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 18 May 1984.  He was progressively promoted to the grade of chief master sergeant, having assumed that grade effective and with a date of rank of 1 December 2000.  He served as an Aircraft Armament Systems Superintendent.  On 31 July 2004, he was relieved from active duty and retired from the Air Force on 1 August 2004, having served 20 years, 2 months, and 13 days on active duty.

His CRSC application was disapproved on 27 March 2006 based upon the fact that his service-connected medical condition was determined not to be combat-related.  He appealed the decision and on 18 August 2008, 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 it is evident that the applicant had repeated treatment for his back during military service; however, there is no evidence to indicate this condition was directly caused by a combat-related event.

A DD Form 2507, Compensation and Pension Exam Report, dated 29 May 2008, contained comments from the applicant that "the back has been bothersome for several years, but he did not always report the symptoms while in service because of his job duties."  "He has never had any trauma to the back."  On page two of this form the doctor acknowledged the applicant's back pain seems to be "aggravated with prolonged standing and prolonged walking," he recommended the use of "Icy Hot and a heating pad" to obtain some relief.  According to medical records dated 8 March 1985, the applicant was seen for "back trauma" due to bending over "playing volleyball."

In accordance with DD Form 2860, Claim for Combat-Related Special Compensation (CRSC), the fact that a member incurred a disability during a period of war, in an area of armed conflict, while participating in combat operations, during a period of simulating war, in an area of simulated armed conflict, while participating in simulated combat operations, or during a period of hazardous service is not sufficient by itself to support a combat-related determination.  There must be a definite, documented, causal relationship between the armed conflict, simulated armed conflict, or hazardous service and the resulting disability.  While the applicant's condition 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 24 October 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.

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 issue(s) 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-2008-03362 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 6 September 2008, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPD, dated 16 October 2008, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 24 October 2008.