RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-01278
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: Not Indicated
MANDATORY CASE COMPLETION DATE: 22 Oct 05
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical condition, muscle nerve condition, be
assessed as combat related in order to qualify for compensation under the
Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
During his career in the military he was exposed to Agent Orange while
serving as a fighter pilot in Vietnam and to Plutonium while assigned to
Bentwaters UK. The effect of Agent Orange and Plutonium in combination is
likely to have taken place in his case and may be causal of his Parkinson's
disease. While the effect of the two in combination has not been
researched, there is enough evidence in his records to support that his
conditions were incurred in the performance of duties under conditions
simulating war, as the result of an instrumentality of war, actual combat,
and hazardous service.
In support of his request, applicant provided a personal statement
outlining his career as an Air Force officer and providing data pertaining
to the studies of the effects of herbicides and Plutonium exposure; a
bibliography, a physician's statement, and his CRSC denial letter.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant initially entered active duty on 30 May 55. He was progressively
promoted to the grade of colonel, having assumed that grade effective and
with a date of rank of 1 Jun 77. He served as a Tactical Fighter Pilot and
in rated command and staff positions. Between the period of 1 Dec 66
through 31 Jul 67, he flew 143 combat sorties during the Vietnam air
offensive campaign. On 28 Feb 81, he voluntarily retired for years of
service. He served 25 years, 9 months, and 1 day on active duty.
Current Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 100% for his unfitting conditions.
His CRSC application was disapproved on 13 Nov 03 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 Parkinson's disease, classified
as muscle nerve condition by the DVA, is not a condition that has been
classified as presumptive to Agent Orange as listed in the Code of Federal
Regulations. For this disability to be considered combat related, it must
be specifically granted by the DVA as presumptive to Agent Orange as so
stated in the applicable rating decision.
The DPPD evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant states his physicians who have cared for him have had difficulty
diagnosing his conditions. Since it has been difficult to get an accurate
diagnosis, it is difficult for him to provide the evidence required to
prove his conditions qualify him for CRSC. Applicant states he has future
appointments and as more direct documentation comes available, he will
provide it to the Board. 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-
01278 in Executive Session on 25 Apr 05, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Mr. James W. Russell III, Member
Mr. Christopher D. Carey, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Apr 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 22 Jun 04.
Exhibit D. Letter, SAF/MRBR, dated 25 Jun 04.
Exhibit E. Letter, Applicant, dated 19 Jul 04.
THOMAS S. MARKIEWICZ
Chair
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