RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02380
		INDEX CODE:  108.07
		COUNSEL:  NONE
		HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  2 FEB 06

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APPLICANT REQUESTS THAT:

His service-connected medical condition, paralysis of lower radicular nerve group, 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:

He initially encountered his numbness and loss of strength while using a torque wrench and tools for rocket heads and bomb fuses while participating in a combat related event in Thailand.  

In support of his request, applicant provided documentation extracted from his medical records.  His complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force on 13 Aug 52.  He was progressively promoted to the grade of chief master sergeant, having assumed that grade effective and with a date of rank of 1 Sep 79.  He served as a Munitions Maintenance Technician.  Applicant was considered by a Medical Evaluation Board (MEB) and his case was referred to an Informal Physical Evaluation Board (IPEB) with a diagnosis of motor neuron disease.  On 22 Jan 82,the IPEB found him fit for further military service and recommended he be returned to duty.  On 11 Mar 82, a Formal PEB considered his case and directed that he be returned to duty.  He voluntarily retired from the Air Force on 31 Aug 82, having served 31 years and 18 days on active duty.

Available Department of Veterans Affairs (DVA) records reflect a combined compensable rating of 80% for his unfitting conditions.  

His CRSC application was disapproved on 26 Mar 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 paralysis of lower radicular nerve group is not combat related.  His records show his motor neuron disease was diagnosed as early as April 1975 but there is no mention of how this disability occurred.  CRSC determinations can only be made based on objective documentary information in the records.

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 27 Aug 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 conditions the applicant believes are combat-related were 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, do 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 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-2004-02380 in Executive Session on 13 Oct 05, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 25 Jul 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 18 Aug 04.
    Exhibit D.  Letter, SAF/MRBR, dated 27 Aug 04.