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AF | BCMR | CY2005 | BC-2004-00399
Original file (BC-2004-00399.DOC) Auto-classification: Denied

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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