RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-04745 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His Air Force (AF) Form 356, Findings and Recommended 
Disposition of USAF Physical Evaluation Board, be changed to 
reflect “yes” in Section 10, Item C, Disability was the direct 
result of Armed Conflict or was caused by an Instrumentality of 
War and incurred in the line of duty during a period of War. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

His condition of Irritant-Induced Asthma was the result of his 
exposure to the burn pits at Joint Base Balad, Iraq, during his 
deployments. 

 

In support of his request, the applicant provides copies of his 
AF Form 356; AF Form 1180, Action on Informal Physical 
Evaluation Board Findings and Recommended Disposition; Temporary 
Disability Retirement List (TDRL) Statement Letter; and two 
Department of Veteran Affairs (DVA) physician letters. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant is a former member of the Air National Guard who 
served on deployments to Balad, Iraq, in September 2006 to 
December 2006 and again, in September 2008 to December 2008. On 
19 April 2009, the applicant completed a Post-Deployment Health 
Reassessment which indicated possible increases in symptoms of 
depression and emotional difficulties (including problems 
sleeping, concentrating, increased irritability, decreased 
interest, and feeling down or depressed several days per week). 
In addition, he reported increased difficulties breathing and a 
persistent cough that began prior to his return from deployment. 
Upon further medical assessment, the applicant was diagnosed 
with Irritant-Induced Asthma, thought to be the possible result 
of exposure to industrial pollution and smoke inhalation during 
his deployment. Additionally, it was determined that he was 
evidencing signs of possible Post Traumatic Stress Disorder 
(PTSD) and Depression. 


 

A Medical Evaluation Board (MEB) Report, dated 20 July 2010, 
indicated the applicant was diagnosed with Depressive Disorder 
and Irritant-Induced Asthma which was incurred while entitled to 
basic pay. The MEB referred the applicant’s case to the 
Informal Physical Evaluation Board (IPEB). 

 

The IPEB findings, dated 1 September 2010, indicates the 
applicant was found unfit for duty due to his physical 
disabilities of Depressive Disorder (rated at 50 percent) and 
Irritant-Induced Asthma (rated at 30 percent) for a total of a 
compensable disability rating of 70 percent. The AF Form 356 
indicates the applicant’s disabling conditions were incurred in 
the line of duty, were not the direct result of armed conflict 
or caused by an instrumentality of War, and that the 
disabilities were not the direct result of a combat related 
injury. As a result, the IPEB recommended the applicant be 
placed on the Temporary Disability Retired List (TDRL). 

 

On 9 September 2010 the applicant agreed with the findings and 
recommended disposition of the IPEB by signing the AF Form 1180. 
According to Special Order ACD-00115, issued 15 October 2010, 
the applicant was honorably released from active duty effective 
23 November 2010, and placed on the TDRL effective 24 November 
2010. He served 10 years, 9 months, and 27 days on active duty. 

 

A Department of Veterans Affairs Rating Decision, dated 27 July 
2010, indicates the DVA granted him a 30 percent disability 
rating for his condition of Asthma. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSD recommends denial. DPSD states the IPEB’s narrative 
summary regarding the applicant’s condition of Asthma, does not 
mention that he was exposed to smoke from the burn pits while 
deployed or that he felt they could have caused his Asthma-like 
symptoms. If he felt his symptoms were caused by burn pits and 
should be classified as combat-related, he had two opportunities 
to appeal the IPEB’s findings. Based on definition, the facts 
and circumstances involved, the IPEB determined that the 
applicant’s medical conditions were not caused by an 
instrumentality of War or as a direct result of Armed Conflict. 

 

The complete DPSD evaluation is at Exhibit C. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

He disagrees with the DPSD evaluation. His contention that his 
condition of Irritant-Induced Asthma was caused by smoke 


exposure from the burn pits while deployed is supported by the 
medical documentation submitted. 

 

The applicant’ complete rebuttal, with attachments, is at 
Exhibit E. 

 

________________________________________________________________ 

 

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. Therefore, 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 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 Docket Number BC-
2010-04745 in Executive Session on 13 September 2011, under the 
provisions of AFI 36-2603: 

 

, Panel Chair 

, Member 

, Member 

 

 


The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2010-04745 was considered: 

 

 Exhibit A. DD Form 149, dated 8 Dec 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSD, dated 31 Jan 11. 

 Exhibit D. Letter, SAF/MRBR, dated 1 Apr 11. 

 Exhibit E. Letter, Applicant, dated 5 Apr 11, w/atchs. 

 

 

 

 

 

 Panel Chair