RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-01421
INDEX CODE: 108.08
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect that his retirement for disability
reasons was the result of an instrumentality of war.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Consistent with his flying activities and command of a combat wing, combat
stress has been identified as a major factor of his disability by the Air
Force Physical Evaluation Board (PEB) and the Department of Veterans'
Affairs (DVA).
In support of his request, applicant provided documentation associated with
his discharge processing, documentation associated with his Disability
Evaluation System (DES) processing, documentation associated with his DVA
claim processing, and copies of various documents from his military
personnel records. His complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant, a prior service enlisted member, was appointed a second
lieutenant, Reserve of the Air Force on 15 Dec 50 and was voluntarily
ordered to extended active duty on that same date. He was progressively
promoted to the grade of colonel, having assumed that grade effective and
with a date of rank of 1 Oct 73.
An MEB was convened on 7 Mar 74 and referred the applicant's case to an
Informal PEB with a diagnosis of arteriosclerotic heart disease and
impairment to both knees. The IPEB found him unfit for further military
service and recommended that he be permanently retired with a combined
compensable rating of 70 percent. The applicant agreed with the findings
and recommended disposition of the IPEB. On 23 Apr 74, he was retired in
the grade of colonel with a compensable rating of 70 percent. He served 29
years and 9 months on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states that nothing in his record
reflects his condition was the direct result of an armed conflict or an
instrumentality of war. Guidelines indicate that the mere presence in an
area of armed conflict is not sufficient to qualify for this entitlement.
There must be a definite causal relationship between the armed conflict and
the unfitting disability. In order to meet the criteria for an injury from
an instrumentality of war, the harm must have been caused by a military
combat vehicle, injury or sickness caused by fumes, gases, or explosion of
military ordinance, vehicles or material.
The DPPD evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 5 Jun
03 for review and comment within 30 days. As of this date, this office has
received no response.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was not timely filed; however, it is in the interest of
justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to demonstrate the
existence of error or injustice that would warrant corrective action. We
took notice of the applicant's complete submission in judging the merits of
the case; however, evidence has not been presented which would lead us to
believe that his medical conditions which resulted in the recommendation
that he be retired from the Air Force by reason of medical disability, were
the direct result of armed conflict or an instrumentality of war as
prescribed by the applicable directives. Accordingly, we agree with the
opinion and recommendation of the Air Force office of primary
responsibility and adopt their rationale as the basis for our conclusion
that the applicant has net 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.
_________________________________________________________________
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-2003-
01421 in Executive Session on 29 Jul 03, under the provisions of AFI 36-
2603:
Ms. Olga M. Crerar, Panel Chair
Mr. John L. Robuck, Member
Mr. Vaughn E. Schlunz, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 Apr 03.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 4 Jun 03.
Exhibit D. Letter, SAF/MRBR, dated 5 Jun 03.
OLGA M. CRERAR
Panel Chair
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