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AF | BCMR | CY2005 | BC-2003-03773
Original file (BC-2003-03773.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03773
            INDEX CODE:  108.07
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical condition, anxiety disorder,  be  assessed  as
combat related in  order  to  qualify  for  compensation  under  the  Combat
Related Special Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was informed that 19 years,  10  months,  and  14  days  of  service  was
considered as a 20-year retirement.

In support of his request, applicant provided a copy of  his  DD  Form  214,
his retirement  order,  documentation  associated  with  his  Department  of
Veterans Affairs (DVA) rating, and  a  CRSC  denial  letter.   His  complete
submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force  on  15
Dec 48.  He was progressively promoted to the grade of  technical  sergeant,
having assumed that grade effective and with a date of rank of 1 Dec 65.

An MEB was convened on 4  Sep  68  and  referred  his  case  to  a  Physical
Evaluation Board (PEB)  with  a  diagnosis  of  duodenal  ulcer,  sustention
tremor, and bilateral neurosensory high frequency hearing loss.  On  21  Sep
68, the PEB found  him  unfit  for  further  military  service  based  on  a
diagnosis  of  neurosensory  hearing  loss   and   anxiety   reaction,   and
recommended that he be  permanently  retired  with  a  combined  compensable
percentage of 30%.  The applicant did not concur with the PEB  findings  and
recommendation and requested he be retired with a compensable percentage  of
80%.  On 7 Oct  68,  the  Air  Force  Personnel  Board  concurred  with  the
findings  and  recommendations  of  the  PEB  and  directed  his  retirement
effective 1 Nov 68.  He was retired in the grade of  technical  sergeant  on
that date with a compensable rating of 30%.  He served 19 years, 10  months,
and 15 days on active duty.

His CRSC application was disapproved on 29 Oct 03 for failing  to  meet  the
20 year service requirement.  Subsequent to an AF/JAA ruling clarifying  the
crediting of retiring personnel with at least  19  years  and  6  months  of
service prior to 1 Jan 82, his request was re-evaluated and he  was  granted
CRSC compensation for his  impaired  hearing  rated  at  20%.   His  anxiety
disorder, which is rated at 70% by the DVA was determined not to  be  combat
related.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states the  applicant  meets  the  ruling
that his 19 years, 10 months, and 14 days of service will be rounded up  and
credited as having completed 20 years of  service  for  pay  purposes.   His
hearing loss meets the criteria and qualifies for  CRSC.   He  believes  his
anxiety disorder is related to his hearing loss.  However, a review  of  his
medical  records  failed  to  show  a  combat  related  connection/hazardous
service for his nervous 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 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 although his symptoms of anxiety  increased  while  exposed  to  loud
noise on the flightline, there is no  evidence  or  medical  principle  that
supports a conclusion that his anxiety disorder and  tremors  were  directly
caused by armed conflict, while engaged in hazardous service, while  engaged
in performance of duties under conditions simulating war, as a result of  an
instrumentality  of  war,  or  other  qualifying  conditions.   The  Medical
Consultant Evaluation is at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy  of  the  additional  Air  Force  evaluation  was  forwarded  to  the
applicant on 10 Nov 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
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.

_________________________________________________________________

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-
03773 in Executive Session on 23 Feb 05, 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 5 Nov 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 9 Feb 04.
    Exhibit D.  Letter, SAF/MRBR, dated 20 Feb 04.
    Exhibit E.  Letter, BCMR Medical Consultant, dated 5 Nov 04.
    Exhibit F.  Letter, SAF/MRBC, dated 10 Nov 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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