RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00378
INDEX CODE: 108.07
COUNSEL: NONE
XXXXXXX
HEARING DESIRED: NO
XXXXXXX
MANDATORY CASE COMPLETION DATE: 10 Aug 05
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical condition, inflammation of sciatic nerve for
lower and upper extremities, be assessed as combat related in order to
qualify for compensation under the Combat-Related Special Compensation
(CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
As a nuclear weapons technician he participated in countless war games
which involved his handling of nuclear weapons. Since a nuclear weapon is
a weapon of war, his medical condition should be considered combat related.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his initial enlistment in the Regular Air Force on 1
October 1961. He was progressively promoted to the grade of master
sergeant. He served as a nuclear weapons technician, munitions systems
technician, and a general accounting specialist. He voluntarily retired
from the Air Force on 1 November 1981, having served 24 years, 2 months,
and 11 days on active duty.
His CRSC application was disapproved on 15 October 2003, based on the fact
that his service-connected medical condition was determined not to be
combat related.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial and states, in part, that the fact a member may
have incurred a medical condition during a period of war, or while
participating in combat operation/training exercises is not sufficient
evidence to support a combat-related determination. Military records must
show a definite causal relationship between the armed conflict and the
medical conditions. Applicant’s military records fail to show a combat-
related connection/hazardous service or presumptive of toxic chemicals for
his disabilities.
The AFPC/DPPD evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Although he has never been in actual combat, the law states that his
disability could be caused by participation in war games or by an
instrumentality of war and still qualify for CRSC compensation. As a
nuclear weapons technician, he was required to participate in war games.
Further a nuclear weapon meets the criteria to be classified as an
instrumentality of war.
In further support of the appeal, applicant submits a statement from a
civilian physician indicating that applicant’s medical problems may be
directly related to his exposure to metals and aliphatic chemicals while on
active duty.
Applicant’s complete response, with attachment, is at Exhibit E.
_________________________________________________________________
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, through an
instrumentality of war, or presumptive of toxic chemicals, and therefore,
does 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-
00378 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 2 Feb 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 28 Apr 04.
Exhibit D. Letter, SAF/MRBR, dated 7 May 04.
Exhibit E. Letter, Applicant, dated 17 May 04, w/atch.
THOMAS S. MARKIEWICZ
Chair
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