RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02177
		INDEX CODE:  108.07
		COUNSEL:  NONE
		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  17 Jan 06

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APPLICANT REQUESTS THAT:

His service-connected medical condition, back 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:

His back injury was incurred after a fall during an Escape and Evasion exercise during Exercise Foal Eagle 74, in Korea, which was a combat training exercise.  

In support of his request, applicant provided a personal statement and documentation associated with his CRSC application.

His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant was appointed a second lieutenant, Reserve of the Air Force on 5 Oct 71 and was voluntarily ordered to extended active duty on that same date.  He was progressively promoted to the grade of captain, having assumed that grade effective and with a date of rank of 4 Dec 74.  He served as a Physicist, a Combat Targeting Officer, and an Intelligence Applications Officer.  On 31 Oct 91, he voluntarily retired for years of service.  He served 20 years and 26 days on active duty.

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

His CRSC application was disapproved on 8 Jun 04 based upon the fact that his service-connected medical condition was determined not to be combat-related.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states a review of his service and DVA medical records show his back condition is not combat related.  He claimed he injured his back in 1974 when he fell down a mountainside during an exercise.  His records do not show any correlation between the fall and his disability.  There is evidence in his records that reflect a complaint of lower back pain in April 1974 in which the document states that he had two years of intermittent pain.  The DPPD evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 17 Sep 04 for review and comment within 30 days.  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.  After a thorough review of the available evidence of record, it is our opinion that the service-connected medical condition the applicant believes is combat-related was not 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 offics 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 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 material 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.

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The following members of the Board considered AFBCMR Docket Number BC-2004-02177 in Executive Session on 26 Jul 05, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 7 Jul 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 16 Sep 04.
    Exhibit D.  Letter, SAF/MRBR, dated 17 Sep 04.