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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