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AF | BCMR | CY2008 | BC-2007-02372
Original file (BC-2007-02372.doc) Auto-classification: Denied

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

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