RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-03817
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 17 Jun 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, duodenal ulcers, impaired
hearing, and tinnitus, be assessed as combat related in order to qualify
for compensation under the Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
While stranded in the desert evading hostile Moroccan forces without water,
he was forced to drink water from a Jeep radiator. Approximately one week
later he became very ill with stomach problems.
In support of his request, applicant a provided a personal statement and
documentation associated with his CRSC application. His complete
submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant's service records cannot be located. Therefore the facts
pertaining to his military service cannot be verified. Data extracted from
the available documentation reflects that he was retired by reason of a
physical disability on 17 Jul 68, having served 20 years and 1 month on
active duty.
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 50% for his unfitting conditions.
His CRSC application was disapproved on 24 Aug 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 duodenal ulcers, impaired hearing, and tinnitus,
are not combat related. He claimed his duodenal ulcers were the result of
drinking water from a Jeep radiator while evading hostile forces in the
desert in Morocco in 1956. His records indicate he first suffered
epigastric distress in 1953. He has provided no evidence to confirm the
Moroccan event occurred, or that this event caused his aggravated
condition. His records do show he suffered hearing loss while in service;
however, impaired hearing and tinnitus cannot be considered combat related
unless incidental to a combat related event or due to documented, continual
and extensive exposure to combat related noise and the conditions were
shown to have manifested while in service. His duties as a communications
center specialist are not considered a specialty continuously exposed to
combat related noise and there is no evidence of trauma to his ears.
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 11 Feb
05 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-
03817 in Executive Session on 12 Oct 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 22 Oct 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 3 Feb 05.
Exhibit D. Letter, SAF/MRBR, dated 11 Feb 05.
THOMAS S. MARKIEWICZ
Chair
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