RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02341
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, anxiety disorder and knee
prosthesis, be assessed as combat related in order to qualify for
compensation under the Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His conditions were incurred under conditions simulating war. He was
trained for combat duty and was ready to go to combat.
His complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his initial enlistment in the Regular Air Force on 26
Mar 63. He was progressively promoted to the grade of technical sergeant,
having assumed that grade effective and with a date of rank of 1 Aug 79.
He served as an Avionics Instruments Systems Technician and as a Medical
Laboratory Technician. He voluntarily retired from the Air Force for years
of service on 1 Sep 83, having served 20 years, 5 months, and 6 days on
active duty.
Current Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 80% for his unfitting conditions.
His CRSC application was disapproved on 24 Jun 03 based upon the fact that
none of his service-connected medical conditions were determined to be
combat-related.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states although he as treated for
various medical conditions throughout his career, nothing reflects his
service-connected conditions were the direct result of an armed conflict or
caused by an instrumentality of war. The fact that a member may incur a
medical condition during a period of war or while performing combat
operations is not sufficient evidence to support a combat-related
determination. Military records must show a definite causal relationship
between the armed conflict and the medical condition. 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 12 Sep
03 for review and comment within 30 days. As of this date, this office has
received no response.
_________________________________________________________________
ADDITIONAL AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends denial. The Medical Consultant
states a review of his service medical records finds no evidence of trauma,
injuries, or exposures related to combat, during exercises or training
simulating combat, or attributed to an instrumentality of war. He
participated as a human test subject in experimental stress in low-pressure
chambers on eight occasions without complication. Although such duty
qualifies as hazardous service, there is no evidence his service-connected
disabilities are even indirectly related to this service.
The Medical Consultant Evaluation is at Exhibit E.
ODUSD(MPP)/Comp reviewed the applicant's request and concurs with the
findings and recommendation of the BCMR Medical Consultant. The ODUSD
evaluation is at Exhibit F.
_________________________________________________________________
APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:
Copies of the additional Air Force evaluations were forwarded to the
applicant on 30 Jul 04 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 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 opinions and recommendations of the
Air Force offices of primary responsibility and adopt their 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.
_________________________________________________________________
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-
02341 in Executive Session on 6 Oct 04, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Michael V. Barbino, Member
Ms. Martha A. Maust, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 Jul 03.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 4 Sep 03.
Exhibit D. Letter, SAF/MRBR, dated 12 Sep 03.
Exhibit E. Letter, BCMR Medical Consultant, dated 7 Oct 03.
Exhibit F. Letter, ODUSD(MPP)/Comp, dated 21 Jul 04.
Exhibit G. Letter, SAF/MRBC, dated 30 Jul 04.
THOMAS S. MARKIEWICZ
Chair
AF | BCMR | CY2004 | BC-2003-02466
In support of his request applicant provided documents extracted from his medical records. There is no evidence of duty related back injury in the remaining medical documentation. _________________________________________________________________ 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...
AF | BCMR | CY2004 | BC-2003-03103
_________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPD recommends denial. The fact that a member may incur a medical condition during a period of war or while performing combat operations is not sufficient evidence to support a combat-related determination. Exhibit C. Letter, AFPC/DPPD, dated 20 Jan 04.
AF | BCMR | CY2004 | BC-2003-03642
The Medical Consultant Evaluation is at Exhibit E. ODUSD(MPP)/Comp reviewed the applicant's request and concurs with the findings and recommendation of the BCMR Medical Consultant. _________________________________________________________________ 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...
AF | BCMR | CY2004 | BC-2003-02830
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-02830 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: All of his service-connected medical conditions be assessed as combat related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act. There are no service medical record entries for injuries...
AF | BCMR | CY2004 | BC-2003-02790
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-02790 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical condition, degenerative arthritis of both hips, hearing loss, and tinnitus, be assessed as combat related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act. ...
AF | BCMR | CY2004 | BC-2003-02090
There is no evidence he had active tuberculosis and no evidence of lung damage from tuberculosis. 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...
AF | BCMR | CY2004 | BC-2003-02865
He was diagnosed with MS during his 19th year of service. The Medical Consultant Evaluation is at Exhibit E. ODUSD(MPP)/Comp reviewed the applicant's request and concurs with the findings and recommendation of the BCMR Medical Consultant. _________________________________________________________________ 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...
AF | BCMR | CY2004 | BC-2003-02471
His CRSC application was disapproved on 11 Jul 03 based upon the preponderance of evidence that none of his service-connected conditions were determined to be combat-related _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPD recommends denial. DPPD states nothing in his medical records reflects he was exposed to Agent Orange. Exhibit G. Letter, SAF/MRBC, dated 30 Jul 04.
AF | BCMR | CY2004 | BC-2003-02870
_________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: The BCMR Medical Consultant states the applicant's back and knee problems do not qualify for the CRSC program; however, his diabetes, presumed under Title 38 to be service-connected due to Agent Orange, does qualify him for CRSC. We have been made aware that the portion of his request regarding his diabetes mellitus, Vietnam era (Agent Orange) presumptive has been granted by the CRSC board and...
AF | BCMR | CY2004 | BC-2003-02874
_________________________________________________________________ APPLICANT CONTENDS THAT: His medical records do not correctly reflect his injuries received while he was in Vietnam. In support of his request, applicant provided a personal statement and documentation extracted from his medical records. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of...