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AF | BCMR | CY2006 | BC-2005-03029
Original file (BC-2005-03029.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03029
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  7 Apr 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His service-connected skin condition (sebaceous cysts and  furuncles  on
his face and behind ears) be classified as  chloracne  due  to  exposure  to
Agent Orange.

2.  His skin condition be assessed as combat related  in  order  to  qualify
for compensation under the Combat Related Special Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He believes it was the intent of the finding  that  his  condition  was  the
result of Agent Orange exposure.  During the 1968 through 1969 time  period,
he was "in the thick of it" as an aircrew member.

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 contracted his initial enlistment in the Regular Air Force  on  12
Jan 55.  He was progressively promoted to  the  grade  of  master  sergeant,
having assumed that grade effective and with a date of rank  of  1  Jan  73.
He served as an Airborne Radio Systems  Operator.   He  voluntarily  retired
from the Air Force on 31 Jan 75, having served  20  years  and  19  days  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 approved for diabetes mellitus, rated at 20%.   His
remaining condition was disapproved based upon the fact  that  his  service-
connected medical conditions were determined not to be combat-related.   His
request was reconsidered 20 Sep 05 and his hypertensive  heart  disease  and
skin disease were again denied.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends  denial.   DPPD  provided  a  review  of  his  relevant
medical history and states  he  was  treated  several  times  prior  to  his
Vietnam service for the skin condition.  Additionally,  his  records  reveal
he  was  treated  for  furuncles  prior  to  service.   Therefore,  evidence
indicates his condition existed prior to service in Vietnam and was not  the
result of Agent Orange exposure.  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 23  Nov
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.   The  applicant  requests  his  service
connected skin condition be classified as  chloracne  due  to  Agent  Orange
exposure.  Unfortunately, that portion of his request must  be  directed  to
the Department of Veterans' Affairs (DVA) for a determination as this  Board
has no authority with respect to the correction of  DVA  records.   After  a
thorough review of the available evidence of record, it is our opinion  that
the service-connected medical condition the applicant  believes  is  combat-
related was 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,  does
not qualify for compensation under the CRSC Act.  Therefore, 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-
03029 in Executive Session on 28 Feb 06, under the  provisions  of  AFI  36-
2603:

      Mr. Thomas S. Markiewicz, Chair
      Mr. Richard A. Peterson, Member
      Mr. Alan A. Blomgren, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 Oct 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 9 Nov 05.
    Exhibit D.  Letter, SAF/MRBR, dated 23 Nov 05.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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