RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-02923
            INDEX CODE:  108.07
      XXXXXXX    COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His  service-connected  medical  condition   of   the   nervous   system
(occipital   headaches),   hypertension,   intervertebral   disc    syndrome
(cervical) and neurology of the middle radicular nerve group (left  arm)  be
reevaluated under the Combat Related Special Compensation (CRSC) Program  in
order to qualify for compensation.

2.  His condition of the skeletal  system  (rib  condition)  and  peripheral
neuropathy, which are not service-connected and or  rated,  be  assessed  as
combat-related in order to qualify for compensation under the CRSC Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He is rated 100% disabled by the Department of Veteran  Affairs  (DVA).   He
is also 100% individually disabled by the DVA.  The CRSC rating board  rated
him 50% for post traumatic stress disorder (PSTD).  He  believes  he  should
be rated at 100% by the CRSC board.

In support of his request, the applicant provided  documentation  associated
with his CRSC application.

His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 1 August 1977, the applicant retired from the Air Force in the  grade  of
chief master sergeant after serving 29 years,  10  months  and  19  days  on
active duty.

Available DVA records reflect a combined compensable rating of 100% for  his
service-connected conditions.

He initially applied for CRSC for PSTD,  hypertension,  scars,  spinal  disc
condition, occipital headaches  and  degenerative  arthritis  on  18  August
2003.  His application was partially approved 12 May  2004  for  PTSD.   His
application contained no evidence to confirm the disapproved portion of  his
disabilities were the direct result of armed  conflict,  hazardous  service,
instrumentality of war, or stimulating war.  On 14 July 2004,  he  requested
reconsideration of his disapproved disabilities but his appeal  was  denied.
The review board  found  no  additional  documentation  to  enable  them  to
approve the conditions.  On 17 June 2004, he  submitted  his  second  appeal
which included a service medical record dated  September  11,  2000.   On  4
August 2004, his appeal was denied for lack of evidence.  On 3  March  2006,
he submitted his third appeal which included his DVA rating code sheet.   On
30 March  2006,  his  appeal  was  disapproved  for  lack  of  documentation
confirming a combat-related  disability.   On  11 January  2007,  9  January
2007, 27 February 2007 and 9 March 2007, he provided additional appeals  and
requests for consideration.  On 12 May 2007, all the  requests  were  denied
for lack of documented evidence.  His impaired hearing was approved  due  to
evidence of in-service hearing loss and his service in the Korean  conflict.
 On 4 June  2007,  he  submitted  another  appeal  which  included  internet
inserts on migraine headaches.  On 27 June 2007  his  request  for  migraine
headaches was disapproved based on lack of an acceptable documentation of  a
combat-related event that could be contributed to his disabilities.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSD recommends denial.  DPSD provides  a  review  of  the  applicant’s
medical records and approved his impaired hearing due  to  evidence  of  in-
service hearing loss in the Korean Conflict.  DPSD states  he  alluded  that
his condition of the nervous system (occipital headaches) is related to  his
PSTD; that his hypertension and peripheral neuropathy are related  to  Agent
Orange (AO); that his condition of  the  skeletal  system  (rib  condition),
neuralgia of the middle radicular nerve group (left arm) and  intervertebral
disc syndrome were incurred during a typhoon.   DPSD  states  in  order  for
these  disabilities  to  be  eligible  for  compensation  under  CRSC,   the
conditions must meet the rigorous standards established  for  combat-related
disabilities and not merely have a  service  connection.   Therefore,  there
must be documentation that shows the direct  combat-related  cause  of  each
disability.  He relates his occipital  headaches  to  his  PSTD.   There  is
nothing in the available evidence connecting his headaches with  PTSD.   The
applicant relates his hypertension and peripheral  neuropathy  to  AO.   For
hypertension 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)  interment,  and  this  must  be  so  stated  in  the
applicable DVA rating decision.  His peripheral neuropathy is not  rated  by
the  DVA.   He  believes  his  interverterbral  disc   syndrome   (cervical)
neuralgia of the middle radicular group (left  arm)  and  condition  of  the
skeletal system (rib condition) should be approved as combat-related due  to
a typhoon while on a Navy ship.  While documentation confirms a typhoon  off
the coast of Okinawa in 1947, DPSD has no evidence of injuries  having  been
caused by  the  incident  he  describes.   Further,  his  condition  of  the
skeletal system (rib condition) is not service-connected by the DVA.   Since
he is not receiving DVA compensation for his rib condition, DPSD  is  unable
to consider it under CRSC.

The complete DPSD evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responded stating the occipital  “headaches”  were  identified
as migraines by a neurologist.  The Air Force  medical  records  reflect  he
suffered from headaches in the early 50s.  However,  there  are  no  medical
records available for his earlier enlistments in the Navy or the  Army  that
bear evidence of his headaches during those periods.  The only  evidence  of
injuries he can provide is a letter from someone  who  was  aboard  the  USS
Platte when they encountered the typhoon in 1947.  However the  witness  did
not elaborate as to the  extent  of  his  injuries.  During  the  typhoon  a
watertight hatch injured him while he was exiting to  check  his  equipment.
The sailors could not hold the hatch open because the  ship  rolled  due  to
the rough seas.  His cervical and lumber spines were injured, he received  a
terrible blow to his head and his rib cage was broken/caved  in.   In  time,
the  injuries  evidenced  themselves  as  migraines,  an  operation  to  his
cervical spine, an operation of his lumber spine and damage to his left  rib
cage.   He  does  not  have,  nor  can  he  acquire,  any  more   definitive
information to support his claims because his shipmates  are  deceased.  His
requests to consider his claim for peripheral neuropath  and  his  left  rib
cage damage has not been approved by the DVA because he had to cancel  those
claims in order to have the claims at the DVA adjudicated.  Because  of  his
age (81) he does not have the time to resubmit the  above  mentioned  claims
to the DVA.  He realizes the legislation authorizing  the  CRSC  program  is
demanding, but he asks the Board to consider his situation, because  he  did
not have the benefit  of  the  proper  administration  of  medical  records.
During the typhoon, there were no injuries recorded, nor any mention of  the
typhoon in the ship's daily logs.  However the  ship's  columnar  logs,  did
note the wind speeds that reached “typhoon strength.”  A letter dated  April
27, 2001, mentions that the major vibrations were knocking people around.

His complete response, with attachments, is at Exhibit E.

_________________________________________________________________

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 conditions he  believes
are combat-related were 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.
Additionally, Title 10  U.S.C.,  requires  that  in  order  to  qualify  for
compensation under the CRSC Act, those  conditions  must  have  been  deemed
service-connected under the laws governing the  DVA.   Therefore,  favorable
consideration of his request that he be awarded CRSC compensation for  those
conditions not yet deemed service-connected by  the  DVA  is  prohibited  by
law.  Accordingly, 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  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-
2007-02923 was considered:

    Exhibit A.  DD Form 149, dated 15 August 2007, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 4 December 2007.
    Exhibit D.  Letter, SAF/MRBR, dated 11 January 2008.
    Exhibit E.  Letter, Applicant, dated 17 January 2008.





                                   THOMAS S. MARKIEWICZ
                                   Chair