RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-00273
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 4 AUG 08
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical condition, residual scars due to basal cell
carcinoma, be assessed as combat related in order to qualify for
compensation under the Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He believes his service connected disability is due to skin cancer caused
by Agent Orange while in Vietnam.
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 entered active duty on 26 April 1965. He was progressively
promoted to the grade of master sergeant. He served as an Electrical
Technician and Fabrication and Parachute Technician. He was relieved from
active duty on 31 January 1987 and retired from the Air Force on 1 February
1987, having served 20 years and 23 days on active duty.
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 10% from 28 February 2006 for his unfitting
conditions.
His CRSC application was disapproved on 12 January 2007 based upon the fact
that his service-connected medical conditions were determined not to be
combat-related.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states the VA does not recognize basal
cell carcinoma as a presumptive condition for Agent Orange herbicide
exposure. As such, DPPD was unable to consider any disability claimed
under Agent Orange that the VA has not recognized as, or secondary to, an
agent presumptive condition. Additionally, no other evidence could be
found to indicate this condition was caused by any combat-related condition
or injury.
While service connected disabilities are required for initial eligibility
for CRSC consideration, CRSC criteria require documentation to support a
qualifying combat-related event or events as the direct cause of the
disability. Simply being in an armed conflict or exercise environment,
being in a military vehicle, or performing hazardous service (flight crew,
EOD, pararescue, etc.) does not automatically qualify an individual for
CRSC. Without evidence of a combat-related cause compensation cannot be
awarded. This condition does not meet the mandatory criteria for
compensation under the CRSC program.
The DPPD complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 23 March 2007, the evaluation was forwarded to the applicant for review
and comment within 30 days (Exhibit D). 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-2007-
00273 in Executive Session on 23 July 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 22 Jan 07, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 14 Mar 07.
Exhibit D. Letter, SAF/MRBR, dated 23 Mar 07.
THOMAS S. MARKIEWICZ
Chair
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