RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02865
            INDEX CODE:  108.07
            COUNSEL:  NONE

            HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His  service-connected  medical  condition,  multiple  sclerosis  (MS),   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:

While on active duty he participated in  numerous  war  games  in  which  he
worked long hours in the full chemical suit,  almost  certainly  aggravating
and contributing to his MS.  He was diagnosed with MS during his  19th  year
of service.  As far back as his grandparents, there has not been  any  other
know case of MS in his family.

In support of his request applicant  provided  a  personal  statement.   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  4
Aug 78.  He was progressively promoted to  the  grade  of  master  sergeant,
having assumed that grade effective and with a date of rank  of  1  Mar  94.
He voluntarily retired for length of service on 1  Sep  98.   He  served  20
years and 27 days on active duty.

Department of Veterans Affairs (DVA)  records  currently  rate  his  medical
conditions as 40% disabling.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states in cases where a member  may  have
incurred a medical condition during a period of war or  while  participating
in simulated war games 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.   His
contention that his military service may have caused or  aggravated  his  MS
has no basis whatsoever.  A review of his service medical record  failed  to
show his Spinal Disc Injury to be the direct result of  an  armed  conflict,
hazardous service, or caused by an instrumentality of war.  While the  exact
cause of MS is not known, there is no logical reason to think  that  wearing
a chemical warfare ensemble  has  any  connection  to  MS,  as  hundreds  of
thousands of military members have routinely worn the ensemble  and  do  not
come down with MS.  The preponderance of evidence made  available  does  not
appear to fall under the  hazardous  service  category  but,  rather  duties
performed under normal completion of his military responsibilities.

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  5  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 there is no scientific evidence linking the development of MS to  the
wearing of military  chemical  protective  gear.   Although  there  is  some
genetic predisposition to  developing  the  disease,  isolated  cases  in  a
family occur more frequently than multiple cases.

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 28 Jul 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.

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-2003-
02865 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 19 Aug 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 21 Nov 03.
    Exhibit D.  Letter, SAF/MRBR, dated 5 Dec 03.
    Exhibit E.  Letter, BCMR Medical Consultant, dated 19 Dec 03.
    Exhibit F.  Letter, ODUSD(MPP)/Comp, dated 21 Jul 04.
    Exhibit G.  Letter, SAF/MRBC, dated 28 Jul 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair