RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00769
INDEX CODE: 110.00
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 4 SEPTEMBER 2006
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Air Force separation medical examination be changed in order for him to
qualify for CSRC.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The examining physician neglected to properly fill out the 9 July 1958
Report of Medical Examination.
In support of his application, applicant provided a copy of his medical
records, a letter from the Veterans Administration, pictures, and letters
from SAF/MRBR and Department of the Navy.
Applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant served in the Air Force from 13 July 1954 to 12 July
1958 as an aircraft and control/warning operator. Separation medical
examination dated 9 July 1958 documents mild near sightedness and
occasional episodes of tinea pedis without current signs of infection. He
subsequently served in the Navy apparently completing over 20 years of
service leading to military retirement. Following separation from service,
the Department of Veterans Affairs granted the applicant service connected
disability ratings for glaucoma rated 70 percent and dermatphytosis (of the
feet) rated zero percent.
The applicant's application to the Navy for Combat Related Special
Compensation (CRSC) for glaucoma and dermatophytosis was denied. Review by
Navy CRSC program authorities documented by decisional documentes dated 21
January 2005 in the submitted documentation concluded the applicant's
condition did not qualify for CRSC.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant recommended denial and states the change in
medical documentation that the applicant requests is not warranted by
evidence of the record. Furthermore, even if the records were changed to
state what he requests, his conditions would not qualify for the CRSC
program. There is no evidence in the record that the applicant's service
connected disabilities were incurred as a direct result of armed conflict,
while engaged in hazardous service while in performance of duties under
conditions simulating war, or as a result of an instrumentality of war.
Glaucoma is most commonly a spontaneously developing condition in
predisposed individuals. Duties as a radar operator do not cause glaucoma.
Duties as a radar operator are not considered hazardous duty and radar
screens are not considered an instrumentality of war. Exposure to
environmental fungi from community showers in a combat zone or during
military training is not a qualifying circumstance for CRSC. Based on his
DVA rating of 70 percent, the applicant may qualify for Concurrent Receipt
of Retired and Disability Pay which should be an automatic change in his
pay by Defense Accounting and Finance Service. Action and disposition in
this case are proper and equitable reflecting compliance with Air Force
directives that implement the law.
BCMR Medical Consultant evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the Air Force evaluation and provided comments on
the BCMR advisory opinion.
Applicant's 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 not timely filed; however, it is in the interest
of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to demonstrate the
existence of an error or injustice. After reviewing the evidence of
record, we are convinced the applicant’s separation from the Air Force was
in accordance with Air Force policy. His contentions are duly noted;
however, in our opinion, the detailed comments provided by the BCMR Medical
Consultant adequately address these allegations. Therefore, we are in
agreement with the comments and recommendation of the Medical Consultant
and adopt his rationale as the basis for our decision that the applicant
has not been the victim of either an error or injustice. In view of the
above and in the absence of evidence to the contrary, we find no compelling
basis upon which to recommend favorable action on this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not demonstrate the
existence of an error or injustice; the application was denied without a
personal appearance; and 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-
00769 in Executive Session on 14 June 2006, under the provisions of AFI 36-
2603:
Ms. Charlene M. Bradley, Panel Chair
Ms. James A. Wolffe, Member
Ms. Jan Mulligan, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Feb 05, w/atch.
Exhibit B. Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 2 May 06.
Exhibit D. Letter, SAF/MRBR, dated 5 May 06.
Exhibit E. Applicant’s Response, 31 May 06.
CHARELENE M. BRADLEY
Panel Chair
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