RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00107
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, asthma and ulcers, be assessed as
combat related in order to qualify for compensation under the Combat
Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His records show his asthmatic condition and ulcers were the direct result
of combat related events. He believes his asthma was caused by Agent
Orange and ulcers caused by combat events. Even though his neuropathy was
not evaluated until the late 1990's, he believes it was also caused by
Agent Orange.
His complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his initial enlistment in the Regular Air Force on 16
Nov 67. He was progressively promoted to the grade of chief master
sergeant, having assumed that grade effective and with a date of rank of 1
Jul 90. He served in Vietnam 137 days of temporary duty in Vietnam. He
voluntary retired from the Air Force on 31 May 98 , having served 30 years,
4 months, and 14 days on active duty.
Current Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 80% for his unfitting conditions.
His CRSC application was disapproved on 15 Dec 03 based upon the fact that
his service-connected medical condition was determined not to be combat-
related.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states documentation within his records
failed to show a traumatic event of occurrence, which corroborates a combat
related connection as insinuated by the applicant. Asthma and ulcers are
not currently presumptive conditions for Agent Orange exposure. His
conditions are otherwise considered service connected and are compensated
by the DVA. To qualify for CRSC benefits, the records must clearly show a
combat related event, while in service, which caused his disabilities.
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 23 Apr
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 opinion and recommendation of the
Air Force office of primary responsibility and adopt its 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-2004-
00107 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 Jan 04.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 16 Apr 04.
Exhibit D. Letter, SAF/MRBR, dated 23 Apr 04.
THOMAS S. MARKIEWICZ
Chair
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