RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00399
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, post-traumatic stress disorder
(PTSD) and migraine headaches, be assessed as combat related in order to
qualify for compensation under the Combat Related Special Compensation
(CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was awarded the Vietnam Service Medal although he did not serve in
Vietnam. He served in Thailand in a combat unit, which exposed him to
combat in Laos in search and rescue operations for downed aircraft.
Because he was attached to a unit that was operating "unofficial"
operations, no documents were maintained.
In support of his request, applicant provided documents extracted from his
military personnel records and documentation associated with his CRSC
application. His complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his initial enlistment in the Regular Air Force on 1
Oct 58. He was progressively promoted to the grade of technical sergeant,
having assumed that grade effective and with a date of rank of 1 Feb 75.
He served as an Aircraft Mechanic and as a Maintenance Management
Technician. He voluntary retired from the Air Force on 30 Sep 78, having
served 20 years on active duty.
Current Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 60% for his unfitting conditions.
His CRSC application was approved for diabetes mellitus (Agent Orange
presumptive) and was disapproved for PTSD and migraine headaches based upon
the fact that his service-connected medical conditions were determined not
to be combat-related.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states is records reflect he was treated
for headaches dating back to 1967, although they were considered secondary
to medication. There is no record on any particular illness or injury that
he encountered to consider as combat-related. He disclosed to the DVA that
he served in Laos from 1969 to 1970 and during that time he witnesses three
Laotian soldiers killed by one of his commanders and he also killed one for
fear of giving away his position. Even though his statement could not be
confirmed he was given disability because of the VSM he received. The VSM
is also awarded to service members serving in support of Vietnam operations
but who did not actually serve in Vietnam. There is no record of treatment
for mental instability of any kind nor is there any record that he served
in Vietnam. His stressors developed over 30 years later and do not appear
to be the result of combat related situations.
The DPPD evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant provided a statement in which he gives a detailed account of the
aforementioned traumatic incidents he experienced. His complete response
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
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 offices 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-
00399 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 31 Jan 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 14 Apr 04, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 30 Apr 04.
Exhibit E. Letter, Applicant, dated 19 May 04, w/atchs.
THOMAS S. MARKIEWICZ
Chair
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