RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-03150
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical condition, Post Traumatic Stress Disorder
(PTSD), 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 he provided
documentation associated with his initial CRSC determination and
documentation extracted from his Department of Veterans Affairs (DVA)
records. His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his initial enlistment in the Regular Air Force on 26
May 65. He was progressively promoted to the grade of chief master
sergeant, having assumed that grade effective and with a date of rank of 1
Dec 01. He served as a Visual Information Manager. He voluntary retired
from the Air Force for maximum years of service on 1 Jun 95, having served
30 years and 5 days on active duty.
His CRSC application was disapproved on 3 Sep 03 based on the fact that
although his DVA service-connected medical conditions exceeded the 60%
rating, his PTSD was determined to be insufficiently documented and was not
rated. Subsequent to the determination, his CRSC application was approved
for his diabetes mellitus rated at 20%.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states his records do not reflect he was
treated for any type of anxiety or depressive disorders. He claims his
PTSD is due to his Aerial Combat Photography career and he experiences
Vietnam flashbacks. The preponderance of evidence shows normal duties
performed as an Audio Visual Information Manager and does not show a direct
correlation to combat participation. Even though he did not receive any of
the medals or commendations considered to be supportive of stressors and
combat exposure, the DVA conceded to his stressful events as due to his
duty as a combat photographer. None of the documentation submitted
provided any specific information regarding the circumstances of the
stressful events. The applicant denied hallucinations, delusions,
paranoia, or suicidal ideation other than a mild impairment based on sleep
disturbance, intrusive memories, and mild depression. His PTSD is
determined not to be the result of combat related acts, instrumentality of
war, or due to hazardous service. 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 20 Feb
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 his performance reports during the period he was stationed in
Vietnam indicates he was assigned to a laboratory processing aerial
reconnaissance photographs and makes no reference to duties as a combat
photographer or duties outside of the photography laboratory. His
remaining reports throughout his career do not reflect circumstances or
events of a traumatic nature under conditions of combat or simulated
combat. There is no evidence in the record that his PTSD was incurred as a
direct result of armed conflict, while engaged in hazardous service, while
engaged in the performance of duties under conditions simulating war, or as
a result of an instrumentality of war.
The Medical Consultant Evaluation is at Exhibit E.
_________________________________________________________________
APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:
Applicant states that he was a lab technician ad performed other duties
during the war. He flew many missions in support of the ground troops to
photograph the war. All of this was documented but records were not
provided to the individuals. He still has vivid memories of events that
occurred but does not seek treatment because of the backlog at the DVA.
His complete response is at Exhibit G.
_________________________________________________________________
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-
03150 in Executive Session on 14 Dec 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 Sep 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 6 Feb 04.
Exhibit D. Letter, SAF/MRBR, dated 20 Feb 04.
Exhibit E. Letter, SAF/MRBC, dated 9 Jul 04.
Exhibit F. Letter, BCMR Medical Consultant, dated 13 Sep 04.
Exhibit G. Letter, SAF/MRBC, dated 22 Sep 04.
Exhibit H. Letter, Applicant, dated 27 Sep 04.
THOMAS S. MARKIEWICZ
Chair
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