RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-00489
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 18 Aug 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, diabetes mellitus and diabetic
retinopathy, be assessed as combat related in order to qualify for
compensation under the Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His diabetes mellitus and the secondary condition of diabetic retinopathy
were caused by exposure to Agent Orange while he was stationed at Udorn Air
Base in Thailand as a crew chief for F-4 aircraft flown into Vietnam during
the war.
In support of his request, the applicant provided documentation associated
with his CRSC application. His complete submission, with attachments, is
at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 1 Feb 89, the applicant retired from the Air Force in the grade of
master sergeant after serving 20 years, 10 months, and 11 days on active
duty.
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 40% for his service-connected conditions.
His CRSC application was disapproved on 30 Jan 06 because his service-
connected medical conditions were determined not to be combat-related.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD provides a review of the applicant’s
medical records and states while there is evidence confirming his service
in Thailand, his records provide no evidence indicating he ever served in
or was on temporary duty (TDY) to Vietnam. For diabetes mellitus and its
secondary conditions to be eligible for CRSC compensation, the condition
must be granted by the VA as presumptive to Agent Orange exposure and so
stated in the rating decision, or there must be evidence the veteran served
in Vietnam prior to being diagnosed with diabetes mellitus.
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 30 Jun
06 (Exhibit D) 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 the service-connected 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, and therefore, do 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 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-2006-
00489 in Executive Session on 23 August 2006 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 9 Feb 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPD, dated 21 Jun 06.
Exhibit D. Letter, SAF/MRBR, dated 30 Jun 06.
THOMAS S. MARKIEWICZ
Chair
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