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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