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AF | BCMR | CY2005 | BC-2004-00596
Original file (BC-2004-00596.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00596
            INDEX CODE:  108.07
            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His  service-connected  medical  conditions,  right  eye  injury  and  major
depressive disorder, be assessed as combat related in order to  qualify  for
compensation under the Combat Related Special Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

As a result of his deployment to Operations DESERT  SHIELD/DESERT  STORM  he
lost vision in his right  eye  and  had  two  major  operations.   The  dust
referenced in his record is referring to the  smoke-filled  environment  and
missiles exploding at his location.  After the eye injury he  was  evacuated
to Germany.  The major depressive disorder  is  a  direct  result  of  being
deployed to the Gulf.  The total destruction of his  right  eye  came  as  a
direct result of serving in a combat environment under combat conditions.

In  support  of  his  request,  applicant  provided   personal   statements,
documents  extracted  from  his   medical   records,   his   Joint   Service
Commendation Medal citation, and a Certificate of Appreciation.

His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force  on  29
Dec 64.  He  was  progressively  promoted  to  the  grade  of  chief  master
sergeant, having assumed that grade effective and with a date of rank  of  1
Dec 83.  He served as a Supply  Manager,  Inventory  Management,  Craftsman,
and a Senior Enlisted Advisor.  He voluntary retired from the Air  Force  on
31 Dec 94, having served 30 years and 2 days on active duty.

Current Department of Veterans Affairs  (DVA)  records  reflect  a  combined
compensable rating of 90% for his unfitting conditions.

His CRSC application was disapproved on 10 Feb 04 and 16 Mar 04  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 there is little doubt  his  injury
occurred while performing his duties as s Supply Manager.  He was  diagnosed
with Primary Open Angle Glaucoma in 1969 with subsequent  surgeries  to  his
right eye in 1973 and 1991.  The loss  of  sight  in  his  eye  resulted  in
difficulty adjusting with depressed mood and anger culminating  in  a  major
depressive disorder.  Documentation provided  failed  to  show  a  traumatic
event or  occurrence,  which  corroborates  a  combat  related  incident  as
defined under  Public  Law  107-314.   To  qualify  for  CRSC  benefits  the
military records must show a combat related event, while in  service,  which
caused his medical disability.  .

The DPPD evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states the 1973 surgery corrected the problem and he was  able  to
serve until 1995.  DVA documentation shows his injury was caused  from  duty
in Southwest Asia.  As a result of living in a polluted environment,  caused
by Iraq Forces and Coalition Forces,  he  contracted  an  infection  in  his
right eye and was returned to Germany.  His  subsequent  operations  were  a
direct result of being deployed to support Operations  DESERT  SHIELD/DESERT
STORM.

This 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 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.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issues involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

_________________________________________________________________

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-
00596 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 18 Feb 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 26 May 04.
    Exhibit D.  Letter, SAF/MRBR, dated 28 May 04.
    Exhibit E.  Letter, Applicant, dated 5 Jun 04.
    Exhibit F.  Letter, Applicant, dated 2 Nov 04.
    Exhibit G.  Letter, SAF/MRBC, dated 18 Nov 04.
    Exhibit H.  Letter, Applicant, dated 25 Nov 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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