RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-00072
INDEX CODE: 108.07
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 14 JULY 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions of Dermatitis or Eczema and
Spontaneous Collapsed Lung, be assessed as combat related in order to
qualify for compensation under the Combat Related Special Compensation
(CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His skin and lung conditions are due to exposure to Agent Orange (AO) while
serving in Vietnam.
In support of his request, applicant provided documentation associated with
his CRSC application.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 1 Jun 1990, applicant retired from the Air Force in the grade of senior
master sergeant, after serving 30 years and 1 day on active duty.
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 30% for his service-connected conditions.
His CRSC application was partially approved on 23 Apr 07, granting a 30
percent compensable rating for Post-Traumatic Stress Disorder. No evidence
was provided to confirm his other disabilities were the direct result of
armed conflict, hazardous service, instrumentality of war, or simulating
war.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD provides a review of the applicant’s
medical records and states in order for these disabilities to be considered
combat related, they must be specifically granted by the Veterans
Administration (VA) as presumptive to AO exposure. Since the VA does not
consider skin conditions, other than Chloracne, presumptive. DPPD is
unable to consider any disability claimed under exposure to AO that the VA
has not recognized as, secondary to, an AO presumptive condition. While
the applicant had significant treatment for his skin condition during his
military service, DPPD finds no evidence of a combat-related cause. The
condition does not meet the mandatory criteria for compensation under the
CRSC program.
The DPPD 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 Apr
07 for review and comment within 30 days. As of this date, this office has
received no response. (Exhibit D)
_________________________________________________________________
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
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 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 23 July 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-
2007-00072 was considered:
Exhibit A. DD Form 149, dated 5 Jan 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 23 Apr 07, with atchs.
Exhibit D. Letter, SAF/MRBR, dated 27 Apr 07.
THOMAS S. MARKIEWICZ
Chair
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