RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-03676
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 3 JUN 08
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical condition, hypothyroidism, be assessed as
combat related in order to qualify for compensation under the Combat
Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He desires CRSC for his service-connected medical condition.
In support of his request, the applicant provided documentation associated
with his CRSC application.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his initial enlistment in the Regular Air Force on 20
May 1952. He was progressively promoted to the grade of staff sergeant,
having assumed that grade effective and with a date of rank of 1 December
1967. He served as a Baking Supervisor. On 31 July 1972, he was relieved
from active duty and retired from the Air Force on 1 August 1972, having
served 20 years, 2 months, and 27 days on active duty.
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 40% for his unfitting conditions.
His CRSC application was approved on 21 November 2006 for diabetes mellitus
rated at 20%, inflammation of external popliteal nerve right and left lower
extremity rated at 10% each; however, his diagnosis of hypothyroidism was
disapproved based upon the fact that his service-connected medical
condition was determined not to be combat-related.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states in order to determine a
disability is combat-related, there must be objective documentary evidence
that the disability is the direct result of a combat event or events or
performance of duty simulating war or caused by hazardous service or an
instrumentality of war. In addition, there are other conditions that are
considered presumptive of Agent Orange, Radiation, Mustard Gas, or POW
internment, by the Department of Veterans Affairs (VA), which also qualify
for CRSC. Hypothyroidism is not considered presumptive to exposure to
Agent Orange. Additionally, chronic conditions developed through the
performance of normal service are not usually found to be combat-related.
When considering chronic conditions such as this under current CRSC
requirements, it is often difficult to determine a definitive cause. To
approve a CRSC, clear documentation must be provided which links the
condition to a combat-related factor rather than to the individual’s
physical make-up or some other routine cause. A review of the records
provided by the applicant show no cause for the hypothyroidism. Since no
documentation exists that clearly confirms the applicant’s condition was
the result of armed conflict, hazardous service, simulating war, or due to
an instrumentality of war, his application cannot be approved.
The DPPD complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 2 February 2007, 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 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 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-
03676 in Executive Session on 17 May 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 26 Nov 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 29 Jan 07.
Exhibit D. Letter, SAF/MRBR, dated 2 Feb 07.
THOMAS S. MARKIEWICZ
Chair
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