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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 Special Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

While stationed in Saigon and during several TDYs to Vietnam he was  exposed
to Agent Orange sprayed foliage.

In support of his request,  applicant  provided  a  personal  statement  and
documentation  associated  with  his   CRSC   application.    His   complete
submission, with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 10 Nov 50 and was  discharged
on 12 Dec 51.  He was appointed a second  lieutenant,  Reserve  of  the  Air
Force on 13 Dec 51 and was voluntarily ordered to extended  active  duty  on
that same date.  He was progressively promoted  to  the  grade  of  colonel,
having assumed that grade effective and with a date of rank of  20  Sep  71.
He served as an Intel Targeting Officer, a  Strategic  Navigator/Bombardier,
and as a Planning and Programming Officer.  On 31  May  80,  he  voluntarily
retired for years of service.  He served 29 years, 6 months, and 21 days  on
active duty

Available Department of Veterans Affairs (DVA) records  reflect  a  combined
compensable rating of 40% for his unfitting conditions.

His CRSC application was disapproved on 21 Jun 04 based upon the  fact  that
his service-connected medical conditions were determined not to  be  combat-
related.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states a review of his  service  and  DVA
medical records show his diabetes mellitus and paralysis  of  sciatic  nerve
are not combat related.  He claims his disabilities were incurred  by  Agent
Orange.  For these disabilities to be considered combat related,  they  must
be  specifically  granted  by  the  DVA  as  presumptive  to  Agent  Orange.
Evidence in his personnel files show he was in Vietnam from 22 May 70  until
3 Apr 71.  His diabetes mellitus was diagnosed in December 1969.

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 30  Jul
04 for review and comment within 30 days.  As of this date, this office  has
received no response.

_________________________________________________________________

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.

_________________________________________________________________

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-
02178 in Executive Session on 26 Jul 05, under the  provisions  of  AFI  36-
2603:


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

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 6 Jul 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 22 Jul 04.
    Exhibit D.  Letter, SAF/MRBR, dated 30 Jul 04.
    Exhibit E.  Letter, Applicant, dated 15 Jun 05.
    Exhibit F.  Letter, SAF/MBBC, dated 29 Jun 06.



                                   THOMAS S. MARKIEWICZ
                                   Chair

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