RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00257
INDEX CODE: 108.07
COUNSEL: NONE
XXXXXXX
HEARING DESIRED: NO
XXXXXXX
MANDATORY CASE COMPLETION DATE: 30 Jul 05
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, prostate cancer and bladder
cancer, be assessed as combat related in order to qualify for compensation
under the Combat-Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His medical conditions are due to his exposure to Agent Orange during the
Vietnam War.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his initial enlistment in the Regular Air Force on 24
May 1948. He was progressively promoted to the grade of staff sergeant,
having assumed that grade effective and with a date of rank of 1 June 1968.
He served as a Liquid Fuels System Maintenance Specialist. He
participated in the United Nations (UN) Offensive from 16 September 1950 to
2 November 1950, the Chinese Communist Forces (CCF) Intervention from
3 November 1950 to 24 January 1951, and the U.N. Summer-Fall Offensive from
9 July 1951 to 27 November 1951. He served in Vietnam from 1965 to 1966.
He voluntarily retired from the Air Force on 1 November 1969, having served
20 years, 7 months, and 25 days on active duty.
Current Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 40% for his unfitting conditions.
His CRSC application was disapproved on 6 January 2004, based on the fact
that his service-connected medical conditions were determined not to be
combat related.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial and states, in part, that applicant did not
provide any documentation to support that his conditions were the direct
result of Agent Orange. His records show that his bladder cancer is not
combat related and there is no evidence he has been diagnosed with prostate
cancer.
The AFPC/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 30
July 2004 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-
00257 in Executive Session on 6 April 2005, 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 24 Jan 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 19 Jul 04.
Exhibit D. Letter, SAF/MRBR, dated 30 Jul 04.
THOMAS S. MARKIEWICZ
Chair
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