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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