RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-03546
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 25 May 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical condition, and his condition of the nervous
system (tension headaches), be assessed as combat related in order to
qualify for compensation under the Combat Related Special Compensation
(CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His condition was caused by the physical demands of his duties as an Air
Traffic Controller, and his exposure to phosphorous vapors, along with
distresses over the "discrimination and injustices of the earlier period"
of his military service.
In support of his request, applicant provided a personal statement and
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 10
Jun 49. He was progressively promoted to the grade of senior master
sergeant, having assumed that grade effective and with a date of rank of 1
Apr 64. He served as an Air Traffic Controller. He voluntarily retired
from the Air Force on 31 Aug 69, having served 20 years and 17 days on
active duty.
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 30% for his unfitting conditions.
His CRSC application was disapproved on 9 Dec 04 based upon the fact that
his service-connected medical conditions were determined not to be combat-
related. His request was subsequently approved for his right knee
condition, rated at 20 percent; and limited flexion of right knee, rated at
10 percent.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD provides a review of the pertinent
medical history and states his service medical record shows treatment for
tension headaches attributed to extensive reading, long periods of
concentration, and other job pressures. No evidence of a combat related
cause can be found. While military duties can be strenuous, chronic
conditions such as tension headaches, developed through performance of
normal service are not usually considered combat related. To be 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 or the individual's particular physical make-up.
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 20 Jan
06 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. 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-
03546 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 15 Nov 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 6 Jan 06, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 20 Jan 06.
THOMAS S. MARKIEWICZ
Chair
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