RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02955
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, migraine headaches and
hypertension, be assessed as combat related in order to qualify for
compensation under the Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Applicant makes no contentions. In support of his request, applicant
provided documentation associated with his Department of Veterans Affairs
(DVA) rating decision. His complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his initial enlistment in the Regular Air Force on 14
Aug 68. He was progressively promoted to the grade of senior master
sergeant, having assumed that grade effective and with a date of rank of 1
Jun 01. He served as an Aircraft Maintenance Technician. He voluntarily
retired from the Air Force on 1 Sep 94. He served 26 years and 17 days on
active duty.
Current Department of Veterans Affairs (DVA) records reflect a combined
compensable disability rating of 60% percent for his unfitting conditions,
which includes a rating of 50% for migraine headaches and 10% for
hypertension.
His CRSC application was disapproved on 18 Aug 03 because on the
preponderance of evidence that his service-connected medical conditions
were not determined to be combat-related.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states the fact he may have been
involved in simulated war exercises during a period of war or while
assigned to a location in direct support of combat operations is not
sufficient to support a combat-related determination. Records must show a
definite causal relationship between the combat training and the medical
condition. Migraine headaches and hypertension are not considered the
results of a combat activity and a review of his records failed to show a
combat-related connection.
The DPPD evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluations was forwarded to the applicant on 12
Mar 04 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 migraine headaches and hypertension are chronic medical conditions
that are not considered the result of combat activity. While psychological
and physiologic stress may transiently aggravate headaches and
hypertension, these conditions arise without specific external cause due to
a variety of factors intrinsic to the individual such as genetic risk
factors. There is no evidence his headaches were the result of a head
injury suffered in combat.
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 2 Sep 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-
02955 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 26 Aug 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 5 Mar 04.
Exhibit D. Letter, SAF/MRBR, dated 12 Mar 04.
Exhibit E. Letter, BCMR Medical Consultant, dated 17 May 04.
Exhibit F. Letter, ODUSD(MPP)/Comp, not dated.
Exhibit G. Letter, SAF/MRBC, dated 2 Sep 04.
THOMAS S. MARKIEWICZ
Chair
AF | BCMR | CY2004 | BC-2003-02436
The DVA has not determined his headaches to be presumptive of Gulf War service. 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. 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...
AF | BCMR | CY2004 | BC-2003-03573
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-03573 INDEX CODE: 108.07 COUNSEL: American Legion HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, chronic obstructive pulmonary disease, duodenal ulcer, spinal disc condition, residuals of right and left foot injury, limited motion in cervical spine, varicose veins of right...
AF | BCMR | CY2004 | BC-2003-02341
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. 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,...
AF | BCMR | CY2004 | BC-2003-02820
On 5 May 94, the Air Force PEB recommended that the applicant be permanently retired with a combined disability rating of 30%. Current Department of Veterans Affairs (DVA) records reflect a combined compensable disability rating of 100% percent for his unfitting conditions, which includes a rating of 20% for type II diabetes mellitus. At the time of his CRSC application, a 60% rating for the combat-related disability was required.
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-2003-02830
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-2003-02466
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-2003-02874
_________________________________________________________________ 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...
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...