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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