Search Decisions

Decision Text

AF | BCMR | CY2005 | BC-2004-01278
Original file (BC-2004-01278.DOC) Auto-classification: Denied

                            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

Similar Decisions

  • AF | BCMR | CY2005 | BC-2004-01883

    Original file (BC-2004-01883.DOC) Auto-classification: Denied

    DPPD states a review of his service and DVA medical records show his service connected conditions are not combat related. 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,...

  • AF | BCMR | CY2005 | BC-2004-00970

    Original file (BC-2004-00970.DOC) Auto-classification: Denied

    In support of his request, applicant provided a personal statement, documentation extracted from his medical records and documentation associated with his CRSC application. DPPD states a review of his service and DVA records does not show that his conditions are combat related. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice;...

  • AF | BCMR | CY2005 | BC-2004-01876

    Original file (BC-2004-01876.DOC) Auto-classification: Denied

    Flying fighter aircraft is hazardous service and his duties towing target drones were conducted under simulated combat conditions. DPPD states a review of his service and DVA medical records show his hypertension is not combat related. 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.

  • AF | BCMR | CY2005 | BC-2004-00920

    Original file (BC-2004-00920.DOC) Auto-classification: Denied

    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. In support of his request, applicant...

  • AF | BCMR | CY2004 | BC-2003-02870

    Original file (BC-2003-02870.DOC) Auto-classification: Denied

    _________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: The BCMR Medical Consultant states the applicant's back and knee problems do not qualify for the CRSC program; however, his diabetes, presumed under Title 38 to be service-connected due to Agent Orange, does qualify him for CRSC. We have been made aware that the portion of his request regarding his diabetes mellitus, Vietnam era (Agent Orange) presumptive has been granted by the CRSC board and...

  • AF | BCMR | CY2005 | BC-2004-03225

    Original file (BC-2004-03225.DOC) Auto-classification: Denied

    He served 26 years, 6 months, and 27 days on active duty His CRSC application was disapproved on 6 Nov 03 based upon the fact that his service-connected medical conditions were determined not to be combat- related. The DPPD evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant states his ejection was in 1959, not 1968 as stated by DPPD. We agree with the opinion and recommendation of the Air Force...

  • AF | BCMR | CY2005 | BC-2004-01976

    Original file (BC-2004-01976.DOC) Auto-classification: Denied

    In support of his request, applicant provided documentation associated with his CRSC application and documentation extracted from his Department of Veterans' Affairs records. DPPD states a review of his service and DVA medical records show his bursitis of shoulders is not combat related. The DPPD evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant responded, reiterated his previous contentions...

  • AF | BCMR | CY2008 | BC-2008-01009

    Original file (BC-2008-01009.doc) Auto-classification: Denied

    For hypertension to qualify for CRSC, it must be secondary to diabetes mellitus contracted due to exposure to Agent Orange or presumptive to prisoner of war internment, and this must be stated in the applicable Veterans Affairs (VA) Rating Decision. The DVA rating decision dated 6 Aug 85 notes he received medication for hypertension in 1981 and the rating decision dated 25 Jun 07 reflects he was diagnosed with diabetes mellitus in November 2006. ...

  • AF | BCMR | CY2005 | BC-2004-01657

    Original file (BC-2004-01657.DOC) Auto-classification: Denied

    His CRSC application was disapproved on 5 May 04 based upon the fact that his service-connected medical conditions were determined not to be combat- related. DPPD states a review of his service and DVA medical records show his hypertension and hemorrhoids are not combat related. Exhibit C. Letter, AFPC/DPPD, dated 22 Sep 04.

  • AF | BCMR | CY2005 | BC-2004-02178

    Original file (BC-2004-02178.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-02178 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 17 Jan 06 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, diabetes mellitus and paralysis of sciatic nerve, be assessed as combat related in order to qualify for compensation under the Combat Related...