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AF | BCMR | CY2008 | BC-2008-00204
Original file (BC-2008-00204.doc) Auto-classification: Denied


                            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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