RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-02188
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical condition of eczema be assessed as combat
related in order to qualify for compensation under the Combat Related
Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His skin rash began during the Persian Gulf War while exposed to unknown
substances.
In support of his request, the applicant provided documentation associated
with his CRSC application.
Applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his initial enlistment in the Regular Air Force on 11
October 1974. He was progressively promoted to the grade of master
sergeant, having assumed that grade effective and with a date of rank of 1
December 1990. He served as a Munitions Systems Craftsman. On 31 October
1994, he was relieved from active duty and retired from the Air Force on
1 November 1994, having served 20 years and 20 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 disapproved on 19 June 2007 based upon the fact
that his service-connected medical condition was determined not to be
combat-related.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSDC recommends denial. DPSDC states applicant claimed his eczema
was incurred due to his Gulf War service. At present, the VA does not
recognize eczema as a presumptive condition for Gulf War service. As such,
they are unable to consider any disability claimed as presumptive to the
Gulf War that the VA has not recognized. Additionally, his VA Rating
Decision letter dated 13 September 1995 states, “the veteran was treated
for nonspecific dermatitis on May 6, 1980, and hand eczema on July 21,
1994.” Applicant submitted a citation that states he was “TDY to USAFE,
PACAF, and the Mid-East Area of Operations from 18 August 1990 to 14 March
1991.” Evidence suggests his condition existed prior to his Gulf War
service.
When considering chronic conditions, such as eczema, under the CRSC
guidelines, it may be difficult to determine that armed conflict, hazardous
service, instrumentality of war, or simulating war was the definitive
cause. To be eligible for compensation, they must have documented evidence
of a combat-related factor having directly caused his condition, rather
than from routine causes or the veteran’s particular physical make-up.
While applicant’s condition meets the VA requirements for service-connected
compensation, the evidence does not support additional compensation under
CRSC.
The DPSDC complete evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 19 October 2007, a copy of the Air Force 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. The available evidence of record does not
support a finding that the service-connected medical condition the
applicant believes is combat-related was 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.
4. The applicant's case is adequately documented and it has not been
shown that a personal appearance with or without counsel will materially
add to our understanding of the issue involved. Therefore, the request for
a hearing is not favorably considered.
_________________________________________________________________
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-
02188 in Executive Session on 28 April 2008, 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 30 June 2007, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSDC, dated 5 October 2007, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 19 October 2007.
THOMAS S. MARKIEWICZ
Chair
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