RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-00204
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, labyrinthitis and eczema, be
assessed as combat-related in order to qualify for compensation under the
Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Applicant makes no contentions.
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 entered active duty in the Regular Air Force on 31 March 1955.
He was progressively promoted to the grade of master sergeant, having
assumed that permanent grade effective and with a date of rank of 1
November 1968. He served as a Medical Administrative Superintendent. He
was relieved from active duty on 3 December 1977 and retired 1 January
1978, having served 22 years, 9 months, and 1 day on active duty.
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 40% for his unfitting conditions.
His CRSC application was disapproved on 11 May 2006 based upon the fact
that his service-connected medical conditions were determined not to be
combat-related.
He subsequently submitted another CRSC application and it was partially
approved on 25 February 2008. The diagnosis of post-traumatic stress
disorder was determined to be combat-related with a compensable rating of
30%. It was determined there was no evidence to confirm his eczema,
labyrinthitis, irritation of the eye, and glaucoma conditions were the
direct result of armed conflict, hazardous service, instrumentality of war,
or simulating war.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSD recommends denial. DPSD states the applicant indicated his
labyrinthitis and eczema were incurred from service in Southeast Asia. The
fact he incurred these disabilities while stationed in Southeast Asia is
not sufficient to support a combat-related determination without a direct
relationship between the disabilities and combat-related factors. This
lack of evidence prevents consideration under current CRSC criteria.
AFPC/DPSD’s complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 7 March 2008, the evaluation was forwarded to the applicant for review
and comment within 30 days (Exhibit D). As of this date, this office has
received no response.
_________________________________________________________________
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 the
applicant 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. 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 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-2008-
00204 in Executive Session on 12 May 2008, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Alan A. Blomgren, Member
Mr. James W. Russell III, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 January 2008, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSD, dated 25 February 2008, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 7 March 2008.
THOMAS S. MARKIEWICZ
Chair
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