RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02138
INDEX CODE: 108.07
COUNSEL: NOT INDICATED
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 18 JAN 08
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, buerger’s disease of the lower
extremities and tinnitus, be assessed as combat related in order to qualify
for compensation under the Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
During his assignment in Korea he developed buerger’s disease. He believes
the constant walking and moving while assigned there contributed to the
buerger’s disease. He also believes his tinnitus was due to exposure to
aircraft noise.
In support of his request, the applicant provided a personal statement and
documentation associated with his CRSC application.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant’s Total Active Federal Military Service Date (TAFMSD) is 16
September 1965. He was progressively promoted to the grade of master
sergeant, having assumed that grade effective and with a date of rank of 16
September 1982. He served as an Administration Technician and a First
Sergeant. He was relieved from active duty on 30 September 1985 and
retired from the Air Force on 1 October 1985, having served 20 years and
15 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 disapproved on 2 February 2005 based upon the fact
that his service-connected medical conditions were determined not to be
combat-related.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states medical documentation does
indicate he had foot and toe pain associated with exercise and walking;
however, this does not conclusively confirm the buerger’s disease is combat-
related. Although military service can be strenuous, extensive walking and
moving are not unique to the military or to combat situations; therefore,
without evidence of a clear line between a combat-related event or injury
and the buerger’s disease, DPPD is unable to award CRSC. In regard to the
tinnitus, this condition cannot be considered combat related unless it is
incidental to a combat-related event or due to documented, continual,
extensive exposure to combat-related noise (i.e., regularly exposed to
aircraft noise, routinely subjected to the noise from weapons firing), and
the condition was shown to have manifested while in service. Additionally,
the Air Force Specialty Code listed on his DD Form 214, Certificate of
Release or Discharge from Active Duty, is currently not eligible for
compensation for tinnitus unless evidence clearly indicates the applicant
suffered from acute combat-related trauma resulting in the condition.
The DPPD complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 1 September 2006, the evaluation was forwarded to the applicant 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 an error or injustice. After a thorough review of the
available evidence of record, it is our opinion that 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 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 an error or injustice; the application was denied without
a personal appearance; and 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-
02138 in Executive Session on 16 January 2007, under the provisions of AFI
36-2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Alan A. Blomgren, Member
Mr. Michael V. Barbino, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 6 Jul 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 24 Aug 06.
Exhibit D. Letter, SAF/MRBR, dated 1 Sep 06.
THOMAS S. MARKIEWICZ
Chair
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