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AF | BCMR | CY2006 | BC-2005-03217
Original file (BC-2005-03217.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03217
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  23 Apr 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

His  service-connected  medical  condition,  traumatic  brain  disease,   be
assessed as combat related in order to qualify for  compensation  under  the
Combat Related Special Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His conditions were  caused  by  hazardous  service  while  working  on  the
flightline in Vietnam.

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  15
Nov 51.  He was progressively promoted to the grade of  technical  sergeant,
having assumed that grade effective and with a date of rank  of  1  Jul  68.
He served as a Vehicle Maintenance Technician.  He voluntarily retired  from
the Air Force on 30 Nov 71, having served 20 years and  16  days  on  active
duty.

Available Department of Veterans Affairs (DVA) records  reflect  a  combined
compensable rating of 70% for his unfitting conditions.

His CRSC application was approved for his  impaired  hearing,  rated  at  40
percent; tinnitus, rated at  10  percent;  malignant  growth  genitourinary,
rated at zero percent; and erectile  dysfunction,  rated  at  zero  percent.
His traumatic brain disease was disapproved based upon  the  fact  that  the
service-connected  medical  condition  was  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  he  received  significant  treatment  for  headaches
throughout his military career, beginning as early as October 1957, but  the
condition became prevalent in August 1959.  Although military duties can  be
strenuous, chronic conditions developed through the  performance  of  normal
service are not usually  considered  combat  related.   Clear  documentation
must be provided to indicate an injury occurred and was caused by  a  combat
related factor rather than from routine causes of the  individual's  makeup.
His medical history indicates  he  suffered  from  head  injuries  prior  to
military service and was treated for tension headaches several  years  prior
to his service in Vietnam.  Additionally, this condition is  not  considered
presumptive to exposure to Agent Orange or service in Vietnam.

The DPPD evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In response to the Air Force evaluation, applicant provided a  copy  of  his
DVA rating decision.  His complete response with attachments 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
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.  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-
03217 in Executive Session on 28 Feb 06, under the  provisions  of  AFI  36-
2603:

      Mr. Thomas S. Markiewicz, Chair
      Mr. Michael V. Barbino, Member
      Mr. James W. Russell III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 17 Oct 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 28 Dec 05, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 6 Jan 06.
    Exhibit E.  VA Form 21-4138, dated 16 Feb 06, w/atchs.



                                   THOMAS S. MARKIEWICZ
                                   Chair

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