RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-00813
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected disability of sleep apnea syndrome be reevaluated as
combat-related in order to qualify for compensation under the Combat
Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He believes his service in support of the Gulf War during Desert
Shield/Storm contributed to his sleep disturbances.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 4 Jun 80, the applicant contracted his initial enlistment in the Regular
Air Force. He was progressively promoted to the grade of master sergeant
having assumed the grade effective and with a date of rank of 1 Mar 01. He
was honorably retired on 1 Jul 03.
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 50% for his unfitting conditions.
On 11 Jan 05, the applicant submitted an application for CRSC for sleep
apnea. On 16 Jul 07, his claim was disapproved due to no evidence being
submitted to substantiate his condition was the direct result of armed
conflict, hazardous service, instrumentality of war, or simulating war.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states there is no evidence to indicate
his sleep apnea was directly caused by armed conflict, hazardous service,
instrumentality of war, or simulating war. His medical condition does not
meet the mandatory criteria for compensation under the CRSC program.
APFC/DPPD’s complete evaluation, with attachment, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 20 Jun
08, for review and response within 30 days. As of this date, no response
has been received by this office.
_________________________________________________________________
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. 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-
00813 in Executive Session on 19 Aug 08, 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-
2008-00813 was considered:
Exhibit A. DD Form 149, dated 25 Feb 08.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 25 Mar 08, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 11 Apr 08.
THOMAS S. MARKIEWICZ
Chair
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