ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-04570
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical condition, Tourettes syndrome and
secondary condition of depressive disorder be assessed as combat-
related in order to qualify for compensation under the Combat
Related Special Compensation (CRSC) Act.
_________________________________________________________________
STATEMENT OF FACTS:
On 13 September 2011, the Board considered and denied the
applicants appeal. For an accounting of the facts and
circumstances surrounding the applicants appeal and the
rationale of the earlier decision by the Board, see the Record of
Proceedings, with attachments, at Exhibit F.
In a letter dated 7 December 2011, the applicant submitted a
request for reconsideration stating that he has provided
additional documentation regarding the scientific studies or
investigation on the topic of health effects on non-ionizing
radiation exposure. He is still confronting the same symptoms
with up and down levels of pain and multiple health conditions.
He continues to visit the Department of Veterans Affairs Medical
Facilities to address the problems of his health; however, his
health has been affected permanently with no possible future
treatment.
In support of the applicants appeal, the applicant provides
medical documentation.
The applicants complete submission, with attachments, is at
Exhibit G.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSDC recommends denial. DPSDC states the Tourettes
syndrome and depressive disorder do not meet the mandatory
criteria for compensation under the CRSC program as outlined
under the provisions of Title 10 U.S.C., Section 1413a,. There
is no indication the applicants Tourettes syndrome and
secondary depressive disorder, are caused by non-ionizing
radiation exposure or any other combat-related event.
The DPSDC complete evaluation is at Exhibit H.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 30 January 2012, a copy of the evaluation was forwarded to the
applicant for review and response within thirty (30) days
(Exhibit I). As of this date, no response has been received by
this office.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. In earlier findings, the Board determined that there was
insufficient evidence to warrant any corrective action. After
thoroughly reviewing the additional documentation submitted in
support of his appeal and the evidence of record, we do not find
it sufficient to change the Boards earlier determination in this
case. Consequently, we are still not persuaded the applicants
service-connected medical condition, Tourettes syndrome and
depressive disorder qualify for compensation under the CRSC Act.
Therefore, in view of the above, and in the absence of evidence
to the contrary, we find no basis upon which to recommend
favorable consideration of the applicants request.
2. The applicants case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
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-2010-04570 in Executive Session on 20 August 2012,
under the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2010-04570 was considered:
Exhibit F. Record of Proceedings, dated 27 September 2011,
w/atchs.
Exhibit G. Letter, Applicant, dated 7 December 2011, w/atchs.
Exhibit H. Letter, AFPC/DPSDC, 30 January 2012, w/atchs.
Exhibit I. Letter, SAF/MRBR, dated 3 February 2012.
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