ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-01268
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 15 Sep 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions be assessed as combat related in
order to qualify for compensation under the Combat Related Special
Compensation (CRSC) Act.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant's request for CRSC compensation was considered and denied by the
CRSC board on 12 Apr 04. His 12 Apr 05 appeal to the AFBCMR was considered
and denied on 2 Feb 06. For an account of the facts and circumstances
surrounding her appeal and the Board's decision, see the Record of
Proceedings at Exhibit E.
In his most recent submission, applicant reiterates his previous contention
that his prostate cancer and diabetes are the result of exposure to Agent
Orange drums that were stored at Clark AB while he was assigned there. In
support of his request, applicant provided a document extracted from his
medical records, and an excerpt regarding Agent Orange. His complete
submission, with attachments, is at Exhibit F.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
After again reviewing this application along with the additional
documentation provided we remain unpersuaded that the 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, as required to qualify for compensation under the
CRSC Act. His contentions are duly noted; however, evidence has not been
provided which would clearly show that his conditions are the result of
exposure to Agent Orange. We note that the Department of Veterans Affairs
(DVA) has not determined that his service-connected conditions are
presumptive to Agent Orange exposure and that his appeal to the DVA is
still pending. If the DVA were to make a favorable determination relating
to this matter, we would be willing to reconsider his request.
Accordingly, 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-
01268 in Executive Session on 4 Apr 06, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Michael V. Barbino, Member
Mr. James W. Russell II, Member
The following documentary evidence was considered:
Exhibit E. Record of Proceedings, dated 2 Feb 06, w/Exhibits.
Exhibit F. Letter, Applicant, dated 15 Mar 06, w/atchs.
THOMAS S. MARKIEWICZ
Chair
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