RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-02372
INDEX CODE: 108.07
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical condition of hypothyroidism be reassessed as
combat-related in order to qualify for compensation under the Combat
Related Special Compensation (CRSC) Act.
________________________________________________________________
APPLICANT CONTENDS THAT:
His condition is the result of manually arming and disarming nuclear
weapons for 17 years.
His complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 13 April 1953, the applicant retired from the Air Force in the grade of
lieutenant colonel, after serving 27 years and 4 days on active duty.
Available Department of Veterans Affairs (DVA) records reflect a combined
rating of 30% for his service-connected medical conditions.
His CRSC application was approved June 15, 2007 for impaired hearing but
was disapproved for hypothyroidism because his disability claim was
incorrectly related to Agent Orange exposure.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD provides a review of the applicant’s
medical records and notes the VA Rating Decision, dated 15 June 2007,
awarded service-connected compensable ratings for impaired hearing and a
non-compensable rating for hypothyroidism. 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. There are other conditions
that are considered presumptive of Agent Orange, Radiation, Mustard gas, or
POW interment, by the DVA, which also qualify for CRSC. In his original
application and his request for correction of military records, he claimed
hypothyroidism was caused by radiation exposure from pre and post-flight
arming and de-arming of nuclear weapons throughout his career. DPPD’s
disapproval for this disability incorrectly related his claim to Agent
Orange exposure. The DD Form 2860, Claim for Combat-Related Special
Compensation states the following: "The disability was incurred as a
result of combat related exposure. Combat-related radiation exposure
includes documented, onsite participation in a test involving the
atmosphere detonation for a nuclear device; the occupation of Hiroshima or
Nagaski, Japan by the United States forces during a specified period;
internment as a prisoner or war in Japan during World War II; or service in
Paducah, Kentucky, Portsmouth, Ohio; or the area identified as K25 at Oak
Ridge, Tennessee for at least 250 days before 1 February 1992." After
reviewing his personnel and medical records, DPPD found no evidence that he
met the criteria above for combat-related radiation exposure. DPPD
recommends denial because they cannot prove this incident was caused by
radiation exposure; therefore, his disability does not meet the mandatory
criteria for compensation under the CRSC program as outlined under the
provisions of 10 U.S.C., Chapter 71, Section 1413a.
The complete 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 14
September 2007 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 not timely filed; however, it is in the interest of
justice to excuse the failure to timely file.
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 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 28 April 2008, 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-
2007-02372 was considered:
Exhibit A. DD Form 149, dated 17 July 2007.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSDC, dated 20 August 2007.
Exhibit D. Letter, SAF/MRBR, dated 14 September 2007.
THOMAS S. MARKIEWICZ
Chair
AF | BCMR | CY2007 | BC-2006-03676
A review of the records provided by the applicant show no cause for the hypothyroidism. 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...
AF | BCMR | CY2008 | BC-2007-04103
In support of his request, the applicant provided a personal statement and documentation associated with his CRSC application. 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...
AF | BCMR | CY2009 | BC-2008-02056
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-02056 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NOT INDICATED _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical condition, migraine headaches, be reevaluated as combat-related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act. He submitted a application for...
AF | BCMR | CY2007 | BC-2007-00072
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. 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...
AF | BCMR | CY2004 | BC-2003-02870
_________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: The BCMR Medical Consultant states the applicant's back and knee problems do not qualify for the CRSC program; however, his diabetes, presumed under Title 38 to be service-connected due to Agent Orange, does qualify him for CRSC. We have been made aware that the portion of his request regarding his diabetes mellitus, Vietnam era (Agent Orange) presumptive has been granted by the CRSC board and...
AF | BCMR | CY2007 | BC-2007-00273
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...
AF | BCMR | CY2006 | BC-2006-00259
Available Department of Veterans Affairs (DVA) records reflect a combined compensable rating of 10% for his unfitting conditions. 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...
AF | BCMR | CY2009 | BC-2008-01818
DPPD states the applicant requested his coronary artery bypass be considered combat related. For his coronary artery bypass to qualify for CRSC, it must be either secondary to diabetes mellitus contracted by exposure to AO herbicides or presumptive to Prisoner of War (POW) internment, and this must be so stated in the applicable DVA Rating Decision. ________________________________________________________________ RECOMMENDATION OF THE BOARD: The applicant be notified that the evidence...
AF | BCMR | CY2008 | BC-2008-01229
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-01229 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NOT INDICATED _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, intervertebral disc syndrome, hypertension, arteriosclerotic heart disease, and peripheral vascular disease (right and left legs), be assessed as combat-related in order...
AF | BCMR | CY2005 | BC-2003-03959
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-03959 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: Not Indicated _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical condition, seborrheic dermatitis, be assessed as combat related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act. He believes his condition...