RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-02056
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical condition, migraine headaches, be reevaluated
as combat-related in order to qualify for compensation under the Combat
Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His migraine headaches are the result of his exposure to Agent Orange
during the year he was in Vietnam.
In support of his request, he provided documentation associated with his
CRSC application.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 7 Aug 58, the applicant contracted his initial enlistment in the Regular
Air Force. He was progressively promoted to the grade of technical
sergeant having assumed that grade effective and with a date of rank of 1
Aug 71. He was honorably retired on 1 Sep 78.
He submitted an application for CRSC for Post Traumatic Stress Disorder and
it was approved on 31 Oct 06. He submitted a application for consideration
of his migraine headaches and the request was disapproved on 26 Nov 07. He
appealed the disapproval for the migraine headache condition and the appeal
was denied on 4 Mar 08. There was no evidence provided to confirm his
disability was the direct result of armed conflict, hazardous service,
instrumentality of war, or simulating war.
The 1 Oct 07, rating decision from the Department of Veterans Affairs (DVA)
granted service connection for his migraine headaches.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSD recommends denial. DPSD states the applicant's medical condition
does not the meet the mandatory criteria for compensation under the CRSC
program. No evidence was located to substantiate his medical condition was
a direct result of a combat-related event. He indicated he incurred his
condition as a result of being in Vietnam for one year and exposure to
Agent Orange. In order for this 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
DVA does not recognize migraine headaches as a presumptive condition for
Agent Orange herbicide exposure. Therefore, DPPD is unable to consider any
disability claimed under Agent Orange that the DVA has not recognized as,
or secondary to, an Agent Orange presumptive condition.
APFC/DPSD's complete evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 19 Sep
08 for review and comment within 30 days. 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 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-
02056 in Executive Session on 2 Dec 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 was considered:
Exhibit A. DD Form 149, dated 17 Jun 08, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 11 Sep 08, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 19 Sep 08.
THOMAS S. MARKIEWICZ
Chair
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