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AF | BCMR | CY2005 | BC-2004-01622
Original file (BC-2004-01622.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01622
            INDEX CODE:  108.07
            COUNSEL:  VFW
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  23 Nov 05

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical condition, macular degeneration,  be  assessed
as combat related in order to qualify  for  compensation  under  the  Combat
Related Special Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His macular degeneration is applicable to both combat and non-combat  flying
due to exposure to ultra violent rays of the sun during  all  day  missions.
The use of inertial and satellite navigation systems did not  exist  in  the
time he was piloting aircraft.   He  was  often  required  to  fly  on  test
flights to take multiple sun bearings  to  compare  with  compass  headings.
During the majority of his missions he was vulnerable to ultra  violet  rays
from the sun and more so when making sun observations.  His eye exams  while
in the Air Force were limited to wall charts.

In support of his request, applicant provided documentation associated  with
his CRSC application, a personal  statement,  an  Afterburner  excerpt,  and
documentation associated with his request for  Congressional  inquiry.   His
complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was  commissioned  in  the  Air  Force  on  10  Jun  44.   He  was
progressively promoted to the grade of lieutenant  colonel,  having  assumed
that grade effective and with a date of rank of 14 Mar 62.  On  31  Jul  69,
he voluntarily retired for years of service.  He served 26 years, 6  months,
and 1 day on active duty.

Available Department of Veterans Affairs (DVA) records  reflect  a  combined
compensable rating of 70% for his unfitting conditions.

His CRSC application was disapproved on 18 Nov 04 based upon the  fact  that
his service-connected medical conditions were determined not to  be  combat-
related.   His  shoulder  prosthesis  was  subsequently  approved  for  CRSC
compensation, rated at 50%.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states a review of his  service  and  DVA
medical  records  show  his  impaired  vision   is   not   combat   related.
Determination for CRSC  eligibility  can  only  be  made  on  the  basis  of
objective documentary information  in  the  records  as  distinguished  from
personal opinions or accounts.  His records do not show, while  in  service,
a combat-related  event  or  events  that  were  the  direct  cause  of  his
disability.

The DPPD evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states the macular degeneration of  his  eyes  was  determined  by
several eye doctors and was confirmed by a DVA eye doctor as  due  to  years
of altitude flying and exposure to various rays.  He has  never  smoked  nor
is his  disability  hereditary.   None  of  his  siblings  has  had  macular
degeneration.  His complete response, with attachments, 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-
01622 in Executive Session on 1 Jun 05, under  the  provisions  of  AFI  36-
2603:

      Mr. Thomas S. Markiewicz, Chair
      Mr. Christopher Carey, Member
      Mr. James W. Russell III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 May 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 28 Jun 04.
    Exhibit D.  Letter, SAF/MRBR, dated 9 Jul 04.
    Exhibit E.  Letter, VFW, dated 20 Jul 04, w/atchs.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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