RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00920
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical condition, prostate gland condition, be
assessed as combat related in order to qualify for compensation under the
Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was seen ten times for his prostate gland condition. His records have
been misplaced between the Air Force and the Department of Veterans Affairs
(DVA).
In support of his request, applicant provided a copy of his CRSC denial
letter and documents extracted from his medical records. His complete
submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant served in the Army from 11 Jan 55 through 11 Feb 57. He
contracted his initial enlistment in the Regular Air Force on 12 Feb 57.
He was progressively promoted to the grade of technical sergeant, having
assumed that grade effective and with a date of rank of 1 Oct 68. He
served as an Aircraft Maintenance Technician. He voluntary retired from
the Air Force on 31 May 75, having served 20 years and 18 days on active
duty.
Current DVA records reflect a combined compensable rating of 80% for his
unfitting conditions.
His CRSC application was disapproved on 11 Feb 04 based upon the fact that
insufficient documentation was provided to show his service-connected
medical conditions were combat-related.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states review of his service and DVA
medical records does not substantiate the approval of his request. The
fact that he had a history of prostates is not sufficient to support a
combat related determination. He claims his condition was incurred by
exposure to Agent Orange. For this to be so the DVA must specifically
grant the disability as presumptive to Agent Orange. His disabilities are
not considered to be presumptive of Agent Orange.
The DPPD evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
During his tour in Vietnam from October 1969 through October 1970 he was
located in an area where Agent Orange was used. Approximately six months
thereafter, he developed a prostate gland condition. He was never told
what caused this and since his retirement in 1975 he was placed on
disability for the condition. Applicant believes that he qualifies for
CRSC because his condition developed while in a combat area.
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
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, or through an
instrumentality of war, 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-
00920 in Executive Session on 6 Apr 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, not dated, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 3 Jun 04.
Exhibit D. Letter, SAF/MRBR, dated 10 Jun 04.
Exhibit E. Letter, Applicant, dated 22 Nov 04.
THOMAS S. MARKIEWICZ
Chair
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