RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-03959
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: Not Indicated
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical condition, seborrheic dermatitis, be assessed
as combat related in order to qualify for compensation under the Combat
Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Dermatitis and eczema are all over his body. He believes his condition was
caused by exposure to Agent Orange while serving his tour of duty in
Vietnam. While he was working on Aircraft 47 Gunships, he had to walk
through the area where the aircraft that were used for spraying Agent
Orange were being washed. He had to wade through the solution to get to
work. At the time, the dangers of Agent Orange were unknown.
In support of his request, applicant provided a personal statement and
documentation associated with his CRSC application. His complete
submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant served in the National Guard from 1 Mar 48 through 24 Feb 50. He
contracted his initial enlistment in the Regular Air Force on 1 Nov 50. He
was progressively promoted to the grade of technical sergeant, having
assumed that grade effective and with a date of rank of 1 Aug 69. He
served as a Weapons Maintenance Technician. He voluntarily retired from
the Air Force 31 May 72. He served 21 Years, 8 months, and 2 days on
active duty.
His CRSC application was disapproved on 4 Nov 03 based upon the fact that
his service-connected medical condition was determined not to be combat-
related. However, on 24 Feb 04, his impaired hearing was approved for CRSC
compensation rated at 20%. His Dermatitis of eczema remained non-combat
related.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states his dermatitis/eczema was not
considered to be presumptive of Agent Orange and does not substantiate
eligibility for CRSC. The Department of Veterans Affair's assessment of
his skin condition was considered to be non-combat related. 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 27 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 chronic seborrheic dermatitis is not a skin disease that has been
identified by the Institute of Medicine as having an association with
exposure to Agent Orange. There is no evidence in his record that his
service connected seborrheic dermatitis was incurred as a direct result of
armed conflict, 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:
Applicant he was diagnosed with sebhorrhaic dermatitis after he came back
from Vietnam in 1966. He disagrees with the Medical Consultant and
believes his condition is definitely Agent Orange related. 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
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-
03959 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 18 Nov 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 18 Feb 04.
Exhibit D. Letter, SAF/MRBR, dated 27 Feb 04.
Exhibit E. Letter, BCMR Medical Consultant, dated 4 Nov 04.
Exhibit F. Letter, SAF/MRBC, dated 10 Nov 04.
Exhibit G. Letter, Applicant, dated 27 Jan 05.
THOMAS S. MARKIEWICZ
Chair
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