RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-01989
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: YES
MANDATORY CASE COMPLETION DATE: 25 Dec 05
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, bipolar disorder, condition of
digestive system, hemorrhoids, skin condition, and urinary condition, be
assessed as combat related in order to qualify for compensation under the
Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His request should be qualified for CRSC as having been incurred under
hazardous conditions. He was a body guard for a general officer who was
under surveillance and threat of death from terrorist groups. He performed
his duties without backup and was armed with a 9mm pistol and machine gun.
In support of his request, applicant provided witness statements and
documentation associated with his CRSC application. His complete
submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his initial enlistment in the Regular Air Force on 6
Oct 69. He was progressively promoted to the grade of senior master
sergeant, having assumed that grade effective and with a date of rank of 1
Dec 86. He served as a Security Policeman and Law Enforcement Craftsman.
He voluntarily retired from the Air Force on 31 Oct 94, having served 25
years and 25 days on active duty.
Current Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 60% for his unfitting conditions.
His CRSC application was disapproved on 14 Apr 04 based upon the fact that
his service-connected medical condition was determined not to be the result
of hazardous service.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states a review of his service and DVA
medical records show his service connected conditions are not combat
related. There is no evidence that during his service as a bodyguard, he
was subject to any uniquely military hazard or that any of his claimed
conditions are the direct result of such service. Bipolar disorder is not
caused by stress of any particular job. Hemorrhoids, urinary condition,
and skin condition are not considered combat related.
The DPPD evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant responded that his Post Traumatic Stress Disorder has been noted
by a DVA psychiatrist to be so intertwined with his bipolar disorder that
it is difficult to assess the two independently. He believes the bipolar
disorder was present before his tour as a bodyguard but was triggered by
the enormous stress encountered performing those duties. He has provided
witness statements of the duties performed which attest to the uniquely
military hazard of his duties. 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
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-
01989 in Executive Session on 11 Jul 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 17 Jun 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 14 Jul 04.
Exhibit D. Letter, SAF/MRBR, dated 23 Jul 04.
Exhibit E. Letter, Applicant, dated 3 Aug 04, w/atchs.
THOMAS S. MARKIEWICZ
Chair
AF | BCMR | CY2005 | BC-2004-01316
_________________________________________________________________ RECOMMENDATION OF THE BOARD: A majority of the panel finds insufficient evidence of error or injustice and recommends the application be denied. Exhibit C. Letter, AFPC/DPPD, dated 19 Jul 04. THOMAS S. MARKIEWICZ Chair MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS (AFBCMR) SUBJECT: AFBCMR Application of I have carefully reviewed the evidence of record and the recommendation of the...
AF | BCMR | CY2005 | BC-2004-01649
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-01649 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 25 Nov 05 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, coronary artery disease, disease of the arteries and veins, and hemorrhoids, be assessed as combat related in order to qualify for compensation...
AF | BCMR | CY2005 | BC-2004-01657
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 | CY2004 | BC-2003-03573
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-03573 INDEX CODE: 108.07 COUNSEL: American Legion HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, chronic obstructive pulmonary disease, duodenal ulcer, spinal disc condition, residuals of right and left foot injury, limited motion in cervical spine, varicose veins of right...
AF | BCMR | CY2004 | BC-2003-03390
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-03390 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, neck strain, chronic low back pain, hemorrhoids and impairment of sphincter control, ingrown toenails, sinusitis, tinnitus, and hypertension, be assessed as combat related in order to...
AF | BCMR | CY2005 | BC-2003-04035
His intervertebral disc syndrome and tendonitis was the result of injuries he received performing maintenance on a B-52 aircraft and shoveling snow that he did not report to the hospital. On 6 Apr 04, the applicant requested and received approval of additional time to respond to the Air Force evaluation. 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...
AF | BCMR | CY2005 | BC-2004-00592
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-00592 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, mycoplasma fermentans, fibromyalgia, and his mental and physical conditions, be assessed as combat related in order to qualify for compensation under the Combat Related Special Compensation...
AF | BCMR | CY2004 | BC-2003-03150
His CRSC application was disapproved on 3 Sep 03 based on the fact that although his DVA service-connected medical conditions exceeded the 60% rating, his PTSD was determined to be insufficiently documented and was not rated. Even though he did not receive any of the medals or commendations considered to be supportive of stressors and combat exposure, the DVA conceded to his stressful events as due to his duty as a combat photographer. Exhibit H. Letter, Applicant, dated 27 Sep 04.
AF | BCMR | CY2007 | BC-2007-00072
DPPD provides a review of the applicant’s medical records and states in order for these disabilities to be considered combat related, they must be specifically granted by the Veterans Administration (VA) as presumptive to AO exposure. The DPPD evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 27 Apr 07 for review and comment within 30...
AF | BCMR | CY2005 | BC-2004-00970
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;...