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AF | BCMR | CY2008 | BC-2007-03854
Original file (BC-2007-03854.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-03854
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical condition, bipolar disorder,  be  assessed  as
combat related in  order  to  qualify  for  compensation  under  the  Combat
Related Special Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

While performing duties as  an  air  lock  operation  supervisor  from  1988
through 1990 all enlisted personnel did not have proper gas mask filters.

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 contracted his initial enlistment in the Regular Air Force  on  20
June 1969.  He was progressively promoted to the grade of  master  sergeant,
having assumed that grade effective and with a  date  of  rank  of  1  March
1987.  He served  as  an  Education  and  Training  Superintendent.   On  31
December 1992, he was relieved from active duty and  retired  from  the  Air
Force on 1 January 1993, having served 23 years, 3  months  and  17 days  on
active duty.

Available Department of Veterans Affairs (DVA) records  reflect  a  combined
compensable rating of 70% for his unfitting conditions.

His CRSC application was disapproved on 26 June 2007  based  upon  the  fact
that his service-connected  medical  condition  was  determined  not  to  be
combat-related.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSD recommends denial.  DPSD states that the  applicant  believes  his
bipolar disorder was caused by being stretched  beyond  what  the  body  and
mind can handle under stressful conditions.  In order for the disability  to
be eligible for  compensation  under  CRSC,  the  condition  must  meet  the
rigorous standards  established  for  combat-related  disabilities  and  not
merely have a service connection.  The  fact  that  the  member  incurred  a
disability while stationed at Incirlik  AB,  Turkey  is  not  sufficient  to
support  a  combat-related  determination  without  a  direct   relationship
between his disability and a combat-related factor.  There  is  no  evidence
to confirm his bipolar disorder was the direct result  of  a  combat-related
event or events.

The DPSD complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the evaluation and states, amongst other things, that  he
suffers  from  Post-Traumatic  Stress  Disorder  (PTSD)   due   to   Vietnam
(identifying body parts during an  aircraft  accident  and  not  having  the
proper filters for the gas mask he wore during chemical attacks).

Applicant’s 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   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.   Regarding  his  contention  that  he  suffers  from  PTSD,  the
available documentation reflects  that  this  condition  has  not  yet  been
deemed service-connected by the DVA, and  therefore,  is  not  eligible  for
CRSC consideration.  This  Board's  lacks  authority  with  respect  to  DVA
determinations and the applicant should address his concerns  regarding  his
PTSD with  the  DVA.   Accordingly,  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 issues 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-
03854 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 October 2007, w/atchs.
  Exhibit B.  Applicant's Master Personnel Records.
  Exhibit C.  Letter, AFPC/DPSD, dated 31 December 2007, w/atchs.
  Exhibit D.  Letter, SAF/MRBR, dated 25 January 2008.
  Exhibit E.  Letter, Applicant, undated, w/atchs.





                                   THOMAS S. MARKIEWICZ
                                   Chair




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