RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-03841
INDEX CODE: 108.07
XXXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical condition, migraine headaches, be assessed as
combat-related in order to qualify for compensation under the Combat
Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He currently has a Department of Veterans Affairs (DVA) rating of 40% for
his service-connected conditions and believes his CRSC status should be the
same. He served over 20 years and did what was asked of him. The Air
Force should now do the right thing.
The applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 30 April 1963, the applicant voluntarily retired from the Air Force in
the grade of technical sergeant. He served 20 years, 5 months, and 16 days
on active duty. The applicant had served as a Weapons Maintenance
Technician.
Available DVA records reflect a combined compensable rating of 40% for his
service-connected conditions.
His CRSC application was partially approved on 13 October 2006, for
impaired hearing and tinnitus. His request for compensation for
lumbosacral or cervical strain and migraine headaches was disapproved
because there was no evidence to confirm these disabilities were the direct
result of armed conflict, hazardous service, instrumentality of war, or
simulating war. However, receipt of in-service medical documents from the
DVA reflected a back strain while loading bombs. On 12 July 2007 his
lumbosacral or cervical strain condition was approved.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. AFPC/DPPD recommends denial. DPPD advises
that available service medical records received from the DVA do not
reference a cause for the applicant’s headaches. When considering chronic
conditions, such as migraine headaches, under the CRSC guidelines, clear
documentation must be provided to indicate an injury occurred and was
caused by a combat-related factor rather than from routine causes. The
DPPD complete 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 27
July 2007 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 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 Docket Number BC-2006-03841
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 Blomgren, Member
The following documentary evidence pertaining to Docket Number BC-2006-
03841 was considered:
Exhibit A. DD Form 149, dated 12 December 2006.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 12 July 2007.
Exhibit D. Letter, SAF/MRBR, dated 27 July 2007.
THOMAS S. MARKIEWICZ
Chair
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