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AF | BCMR | CY2005 | BC-2005-00195
Original file (BC-2005-00195.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00195
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  18 Jul 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

His  service-connected  medical  conditions,  migraine  headaches,  impaired
hearing, and dermatitis, be assessed as combat related in order  to  qualify
for compensation under the Combat Related Special Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His neurodermatitis and tinea cruris (jungle rot) was contracted during  his
combat tour in Vietnam.   This  is  noted  and  documented  in  his  medical
records.  He developed his migraine headaches and hearing  problems  because
of the combat in Vietnam.  The Department of  Veterans'  Affairs  (DVA)  has
granted disability for these conditions.

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's military personnel records are not  available.   Data  extracted
from documentation provided by the applicant reflects he  was  progressively
promoted to  the  grade  of  master  sergeant,  having  assumed  that  grade
effective and with a date of rank of 1 Oct  87.   He  served  as  a  Traffic
Manager.  He voluntarily retired from the Air Force on  30  Sep  89,  having
served 24 years and 28 days on active duty.

Available Department of Veterans Affairs (DVA) records  reflect  a  combined
compensable  rating  of  90%  for  his  unfitting  conditions.    His   CRSC
application was approved for Post Traumatic Stress Disorder (PTSD) rated  at
70%.  His remaining service  connected  conditions  were  disapproved  based
upon the fact that the 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 conditions are not combat related.  His records  do
show he was treated for migraine headaches throughout  his  military  career
but do not provide evidence of a  combat  related  incident  occurring  that
caused  this  condition.   Dermatitis/eczema  is  not   considered   to   be
presumptive to Agent Orange exposure, and no evidence can be  found  in  his
records to confirm Agent Orange was the cause of the  condition.   For  this
disability to be considered combat-related, it must be granted  by  the  DVA
as presumptive to Agent Orange and so stated in the rating decision.

The DPPD evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states his migraine headaches developed from the explosions,  runs
to bunkers, getting shot at and  from  mortar  rounds.   His  tinera  cruris
(jock itch) came from the humid weather in Vietnam and  his  skin  rash  was
perhaps the result of Agent Orange or just over exposure to the elements  in
a combat zone.  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
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-2005-
00195 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 7 Jan 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 2 Mar 05.
    Exhibit D.  Letter, SAF/MRBR, dated 11 Mar 05.
    Exhibit E.  Letter, Applicant, dated 20 Mar 05, w/atchs.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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