RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02436
            INDEX CODE:  108.07
            COUNSEL:  NONE

            HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His service-connected medical condition, migraine headaches, 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  started  having  headaches,  joint  pain,  fatigue,  and  various  other
problems  after  he  returned  from  the  Gulf  War.   The  headaches   have
progressively worsened over the years.  He  has  seen  several  neurologists
who have told him there is nothing they can do for him.   Stress  tests,  CT
scans, a spinal tap, and other  tests  have  shown  nothing.   He  has  been
prescribed every type of medication known with  no  favorable  results.   He
asks for compensation under the presumption that his headaches  were  caused
by something he came in contact with while serving in the Gulf.

His complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force  on  21
May 75.  He was progressively promoted to the grade of  technical  sergeant,
having assumed that grade effective and with a date of rank  of  1  Jan  86.
He served as an Aerospace Ground Equipment Craftsman throughout his  career.
 He was deployed to locations  in  Saudi  Arabia  and  Oman  in  support  of
Operations, DESERT SHIELD/STORM from 12  Aug  90  through  18  Mar  91.   He
voluntarily retired from the Air Force on 1 Jun 95.  He served 20 years  and
10 days on active duty.

DVA records currently show his combined  compensable  disability  rating  at
70%,   with   individual   unemployability,   for   his    service-connected
disabilities.

His  CRSC  application  was  disapproved  on  8  Jul  03  based   upon   the
preponderance of evidence that  none  of  his  service-connected  conditions
were determined to be combat-related.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends  denial.   DPPD  states  his  records  do  not  include
creditable evidence that his medical conditions  are  the  result  of  being
mobilized to the Gulf War area or are combat  related.   Medical  conditions
approved under Gulf War circumstances are awarded  only  by  the  DVA  on  a
presumptive  basis.   The  DVA  has  not  determined  his  headaches  to  be
presumptive of Gulf War service.

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 19  Dec
03 for review and comment within 30 days.  As of this date, this office  has
received no response.

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ADDITIONAL AIR FORCE EVALUATION:

The BCMR Medical  Consultant  recommends  denial.   The  Medical  Consultant
states 18 months after returning from the Gulf War  theater  of  operations,
he  presented  for  medical  evaluation  of   headaches   that   had   begun
approximately  6  to  9  months  after  returning   from   the   Gulf   War.
Documentation for the period of service in the Gulf War finds  no  reference
to involvement in direct hostile  enemy  action.  The  fact  that  a  member
incurred a disability during a period of war or an area  of  armed  conflict
or while participating in combat operations is not sufficient to  support  a
combat-related determination.  There must  a  definite  causal  relationship
between the armed conflict and the disability.  There is  no  evidence  that
his headaches were incurred as a direct result of armed conflict or  through
an instrumentality of war.

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.

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APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

Copies of the  additional  Air  Force  evaluations  were  forwarded  to  the
applicant on 2 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 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.

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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-2003-
02436 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 15 Jul 03, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 2 Dec 03.
    Exhibit D.  Letter, SAF/MRBR, dated 19 Dec 03.
    Exhibit E.  Letter, BCMR Medical Consultant, dated 2 Dec 03.
    Exhibit F.  Letter, ODUSD(MPP)/Comp, not dated.
    Exhibit G.  Letter, SAF/MRBC, dated 2 Sep 04.



                                   THOMAS S. MARKIEWICZ
                                   Chair