RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02773
            INDEX CODE:  108.07
      XXXXXXX    COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  24 NOVEMBER 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical condition, acne of the buttocks with  scarring
folliculitis of the  back  and  arms,  be  assessed  as  combat-related  and
reclassified as chloracne in order to qualify  for  compensation  under  the
Combat Related Special Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

In the late 1960's he was diagnosed with chloracne  as  a  result  of  Agent
Orange (AO) exposure  and  continues  to  have  boil  type  outbreaks.   The
Veterans Affairs (VA) classifies him  as  "presumed  agent  orange  exposed"
because of his tour of duty in Vietnam and granted a 10%  disability  for  a
skin condition instead of chloracne.

In support of his request, the applicant  provided  a  personal  letter  and
documentation associated with his CRSC application.

His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 1 August 1978, applicant retired from the  Air  Force  in  the  grade  of
technical sergeant, after serving 23 years and 18 days on active duty.

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

His  CRSC  application  was  initially  disapproved  22  December  2004.  He
appealed the Board's decision which was again  disapproved  on  7 June  2006
because his initial application and appeal contained no evidence to  confirm
his skin condition was the direct result of AO exposure.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD provides  a  review  of  the  applicant’s
medical records and notes it is evident that  he  was  treated  on  repeated
occasions for his skin  condition  during  military  service;  however,  his
records indicate he was treated several times for rashes, a cyst and a  boil
prior to his Vietnam service.  While  the  Board  recognizes  he  served  in
Vietnam from 1969 to 1970 and exposure to AO was conceded on  the  basis  of
presumption, the VA did not classify his skin condition as  chloracne  which
is a presumptive condition for AO exposure.   Although  his  skin  condition
meets the VA requirements for service-connected compensation, until  the  VA
reclassifies his skin condition as chloracne, DPPD is unable to consider  it
under current CRSC guidelines. If he wishes to challenge the  classification
of his skin condition assigned by the VA, he must do so in  accordance  with
the VA appeal channels.  Ratings and classification of disabilities are  not
subject to challenge through the CRSC program.

The complete DPPD evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responded stating in 1994, surgery was performed for a  penile
implant because of his impotency.  The procedure was  incorrectly  done  and
had to be replaced.   The  second  implant  was  recalled  by  Dow  Chemical
resulting in a third implant.  Currently, he has  no  implant  and  believes
there will never be an implant because  of  the  infestation.   Other  drugs
such as Cialis or Viagra  do  not  work  because  of  his  prior  surgeries.
Incidentally, he notes VA  classified  his  condition  in  2002  as  service
connected acne and changed it to non-service  connected  skin  condition  in
June 2006, then back to  service  connected  acne  in  September  2006.   In
addition, he believes he was exposed  to  AO  by  the  vans  he  washed  and
recalibrated that traveled throughout South East Asia.

The 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.  The available evidence of record does  not
support  a  finding  that  the  service-connected  medical   condition   the
applicant believes is combat-related was 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.   That
portion of  his  request  asking  that  his  condition  be  reclassified  as
chloracne is not within this Board's authority.  If the applicant wishes  to
challenge the determination of the DVA he must  submit  his  appeal  through
the appropriate DVA channels.  Therefore, 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 this application in  Executive
Session on 2 November 2007, under the provisions of AFI 36-2603:

                       Mr. Thomas S. Markiewicz, Chair
                       Mr. Michael V. Barbino, Member
                       Mr. Alan A. Blomgren, Member

The following documentary evidence pertaining to AFBCMR  Docket  Number  BC-
2006-02773 was considered:

    Exhibit A.  DD Form 149, dated 5 September 2006, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 2 July 2007, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 13 July 2007.
    Exhibit E.  Letter, Applicant, dated 20 July 2007, w/atchs.





                                   THOMAS S. MARKIEWICZ
                                   Chair