RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-03210
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 19 Apr 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical condition, scleredema adultorum (lupus), be
assessed as combat related in order to qualify for compensation under the
Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
While serving in Vietnam flying as a bombardier/navigator, he was grounded
for loss of voice due to a viral infection. The severe sunburn that
triggered his condition should be considered combat related as it was
incurred primarily loading munitions on aircraft. During that period he as
also exposed to Agent Orange.
In support of his request, applicant provided documentation associated with
his CRSC application. His complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant entered active duty on 29 Mar 63. He was progressively promoted
to the grade of lieutenant colonel, having assumed that grade effective and
with a date of rank of 24 Nov 79. He served as a Navigator/Bombardier,
Duty Controller, Maintenance Staff Officer, and Commander. On 31 Mar 83,
he voluntarily retired for years of service. He served 20 years and 2 days
on active duty
His CRSC application has been approved for diabetes mellitus, rated at 20%;
and diabetes mellitus, peripheral neuropathy, bilateral factors, right and
left legs, rated at 20% each. His scleredema adultorum was disapproved
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 a review of his service medical
records fails to shows a connection between his condition and the exposure
to Agent Orange. Additionally, while research shows the majority of cases
of scleredema adultorum occur in people with diabetes, no evidence was
provided to indicate the condition is considered secondary to Agent Orange
diabetes. The DVA makes no association between the applicant's scleredema
adultorum and his combat related conditions.
The DPPD evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant states his condition is a systemic condition and is coded 6350
which is an analogous code for all diseases such as scleredema and lupus.
A physical examination upon his return to the States discovered the
thickening skin which was diagnosed as sclerdema adultorum. He was told at
the time the cause was the viral infection in conjunction with the sunburn.
He reiterates he contracted a virus in Vietnam, which, in conjunction with
several cases of sunburn, developed slowly into scleredema adultorum. This
was in a war zone and loading munitions on aircraft. The majority of the
scleredema adultorum cases are linked to diabetes from which he suffers.
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-
03210 in Executive Session on 15 Dec 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 10 Oct 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPDC, dated 20 Jan 05.
Exhibit D. Letter, SAF/MRBR, dated 28 Jan 05.
Exhibit E. Letter, Applicant, not dated .
THOMAS S. MARKIEWICZ
Chair
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