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AF | BCMR | CY2007 | BC-2006-03676
Original file (BC-2006-03676.doc) Auto-classification: Denied


                            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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