RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01283
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical condition, epilepsy be assessed as
combat-related in order to qualify for compensation under the
Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was a student gunner on a B-29 aircraft and received a head
injury during his training. He believes his epilepsy is due to
this injury.
In support of his request, the applicant submits documentation
associated with his CRSC application.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was retired with a permanent disability effective
31 December 1956 in the grade of airman third class. He served
5 years, 4 months and 1 day of total active duty.
His CRSC application was disapproved on 19 October 2009 and
30 April 2010 based upon the fact that his service-connected
medical condition, epilepsy, was determined not to be combat-
related.
Available Department of Veterans Affairs (DVA) records reflect a
combined compensable rating of 100% for his unfitting conditions
(peripheral neuropathy of left and right upper and lower
extremity associated with epilepsy).
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSDC recommends denial. DPSDC states by law,
determinations of whether a disability is combat related will be
based on the preponderance of available documentary information.
All relevant documentary information is to be weighed in relation
to known facts and circumstances, and determinations will be made
on the basis of credible, objective documentary information in
the records as distinguished from personal opinion, speculation,
or conjecture. Additionally, in accordance with DD Form 2860, Claim for CRSC, the fact that a member incurred a disability
during a period of hazardous service, or during a period of
simulating war, is not sufficient by itself to support a combat-
related determination. There must be a definite, documented,
causal relationship between the hazardous service or simulating
war and the resulting disability. There is no documentation
confirming the applicant was injured during flight or that his
epilepsy was caused from a head injury. While the applicant
speculates that his fall caused his epilepsy, it is just as
likely that the applicant had a seizure and hit his head when he
fell.
This condition does not meet the mandatory criteria for
compensation under the CRSC program. Documentation provided does
not confirm a combat-related event was the direct cause of his
epilepsy.
The DPSDC complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 1 July 2011, a copy of the Air Force evaluation was forwarded
to the applicant for review and comment within 30 days (Exhibit
D). 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 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.
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 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-2011-01283 in Executive Session on 11 January 2012,
under the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2011-01283 was considered:
Exhibit A. DD Form 149, dated 28 March 2011, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSDC, dated 9 June 2011, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 1 July 2011.
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