RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-01190 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect that his service-connected medical conditions were caused by an instrumentality of war. _________________________________________________________________ APPLICANT CONTENDS THAT: He did not understand the importance of stating that he was involved in an aircraft battle damage repair operation during a simulated combat exercise. In support of his request, applicant provides copies of a denial letter pertaining to his claim for Combat-Related Special Compensation (CRSC), AF Form 356, Findings and Recommended Disposition of USAF Physical Evaluation Board, DD Form 214, Certificate of Release or Discharge from Active Duty, and two statements of support. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: A Medical Evaluation Board (MEB) convened on 11 Jan 94, to determine whether he should be continued on active duty due to the diagnosis of major depression and associated Ganzer’s syndrome, and seizure disorder. The MEB referred him to an Informal Physical Evaluation Board (IPEB). On 27 Jan 94, an IPEB convened and determined he was unfit for continued active duty service and recommended temporary retirement with a compensable disability rating of 60 percent. He agreed with the findings and recommendations of the IPEB and his name was placed on the Temporary Disability Retired List (TDRL). On 21 Aug 95, during a TDRL re-evaluation, he was again diagnosed with major depression, recurrent, moderated, associated with Ganzer’s Syndrome, and partial complex seizures. On 12 Sep 95, the IPEB recommended the applicant’s name be removed from the TDRL and that he be permanently disability retired with a combined disability rating of 60 percent. The applicant accepted the decision of the IPEB, which included the notation that his medical conditions were not the direct result of armed conflict, nor the direct result of a combat-related injury, nor caused by an instrumentality of war. On 7 Oct 95, he was permanently disability retired under the provisions of AFI 36-3212, Physical Evaluation for Retention, Retirement and Separation, due to major depressive disorder associated with Ganzer’s Syndrome, with considerable industrial impairment, and partial complex seizures with secondary generalization. _________________________________________________________________ AIR FORCE EVALUATION: The BCMR Medical Consultant recommends denial of the applicant’s request to change his records to reflect that his service- connected disabilities were caused by an instrumentality of war. The BCMR Medical Consultant indicates the applicant reportedly sustained an accidental fall from an aircraft wing in 1979. After a self-inflicted injury to his hand with a hammer he then passed out and fell to the floor striking his head. Although there is a nexus between the applicant’s secondary unfitting diagnosis and his military service, the major depression and partial complex seizures were not the direct result of combat or caused by an instrumentality of war. The BCMR Medical Consultant acknowledges the aircraft upon which the applicant worked, in this instance, was indeed an instrumentality of war. However, the applicant’s disabling conditions, which began with striking his hand with a hammer, were not caused by the instrumentality of war. The hammer which struck the applicant’s hand, followed by his accidental fall to the floor, is not considered the direct result of or caused by an instrumentality of war. Additionally, there is no evidence that the applicant’s delayed onset of major depression and complex partial seizures were the direct result of his combat training experiences, notwithstanding the fact the applicant was a participant in an exercise in 1979, when he struck his hand and fell to the floor. The Medical Consultant opines the applicant has not met the burden of proof of an error or injustice that warrants the requested change of the record. The complete BCMR Medical Consultant’s Evaluation, with attachments, is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 12 Mar 10, for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). _________________________________________________________________ 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. Therefore, we agree with the opinion and recommendation of the BCMR Medical Consultant and adopt his rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. In the absence of evidence to the contrary, we find no 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 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. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2009-01190 in Executive Session on 4 Aug 10, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered under Docket Number BC-2009-01190: Exhibit A. DD Form 149, dated 20 Mar 09, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, BCMR Medical Consultant, dated 9 Mar 10, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 12 Mar 10. Panel Chair