RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2009-01190 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His records be corrected to reflect that his service-connected 
medical conditions were caused by an instrumentality of war. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He did not understand the importance of stating that he was 
involved in an aircraft battle damage repair operation during a 
simulated combat exercise. 

 

In support of his request, applicant provides copies of a denial 
letter pertaining to his claim for Combat-Related Special 
Compensation (CRSC), AF Form 356, Findings and Recommended 
Disposition of USAF Physical Evaluation Board, DD Form 214, Certificate of Release or Discharge from Active Duty, and two 
statements of support. 

 

The applicant’s complete submission, with attachments, is at 
Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

A Medical Evaluation Board (MEB) convened on 11 Jan 94, to 
determine whether he should be continued on active duty due to 
the diagnosis of major depression and associated Ganzer’s 
syndrome, and seizure disorder. The MEB referred him to an 
Informal Physical Evaluation Board (IPEB). 

 

On 27 Jan 94, an IPEB convened and determined he was unfit for 
continued active duty service and recommended temporary 
retirement with a compensable disability rating of 60 percent. 
He agreed with the findings and recommendations of the IPEB and 
his name was placed on the Temporary Disability Retired List 
(TDRL). On 21 Aug 95, during a TDRL re-evaluation, he was again 
diagnosed with major depression, recurrent, moderated, associated 
with Ganzer’s Syndrome, and partial complex seizures. On 12 Sep 
95, the IPEB recommended the applicant’s name be removed from the 
TDRL and that he be permanently disability retired with a 
combined disability rating of 60 percent. The applicant accepted 
the decision of the IPEB, which included the notation that his 


medical conditions were not the direct result of armed conflict, 
nor the direct result of a combat-related injury, nor caused by 
an instrumentality of war. On 7 Oct 95, he was permanently 
disability retired under the provisions of AFI 36-3212, Physical 
Evaluation for Retention, Retirement and Separation, due to major 
depressive disorder associated with Ganzer’s Syndrome, with 
considerable industrial impairment, and partial complex seizures 
with secondary generalization. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

The BCMR Medical Consultant recommends denial of the applicant’s 
request to change his records to reflect that his service-
connected disabilities were caused by an instrumentality of war. 

 

The BCMR Medical Consultant indicates the applicant reportedly 
sustained an accidental fall from an aircraft wing in 1979. 
After a self-inflicted injury to his hand with a hammer he then 
passed out and fell to the floor striking his head. Although 
there is a nexus between the applicant’s secondary unfitting 
diagnosis and his military service, the major depression and 
partial complex seizures were not the direct result of combat or 
caused by an instrumentality of war. 

 

The BCMR Medical Consultant acknowledges the aircraft upon which 
the applicant worked, in this instance, was indeed an 
instrumentality of war. However, the applicant’s disabling 
conditions, which began with striking his hand with a hammer, 
were not caused by the instrumentality of war. The hammer which 
struck the applicant’s hand, followed by his accidental fall to 
the floor, is not considered the direct result of or caused by an 
instrumentality of war. Additionally, there is no evidence that 
the applicant’s delayed onset of major depression and complex 
partial seizures were the direct result of his combat training 
experiences, notwithstanding the fact the applicant was a 
participant in an exercise in 1979, when he struck his hand and 
fell to the floor. The Medical Consultant opines the applicant 
has not met the burden of proof of an error or injustice that 
warrants the requested change of the record. 

 

The complete BCMR Medical Consultant’s 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 12 Mar 10, for review and comment within 30 days. As of this 
date, no response has been received by this office (Exhibit D). 

 

_________________________________________________________________ 

 

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. After a 
thorough review of the available evidence of record, it is our 
opinion that the service-connected medical conditions the 
applicant believes are combat-related were not 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. Therefore, we agree 
with the opinion and recommendation of the BCMR Medical 
Consultant and adopt his rationale as the basis for our 
conclusion the applicant has not been the victim of an error or 
injustice. In the absence of evidence to the contrary, we find 
no 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 material error or injustice; that 
the application was denied without a personal appearance; and 
that 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-2009-01190 in Executive Session on 4 Aug 10, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 


The following documentary evidence was considered under Docket 
Number BC-2009-01190: 

 

 Exhibit A. DD Form 149, dated 20 Mar 09, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, BCMR Medical Consultant, dated 9 Mar 10, 

 w/atchs. 

 Exhibit D. Letter, SAF/MRBR, dated 12 Mar 10. 

 

 

 

 

 

 Panel Chair