RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01421
		INDEX CODE:  108.08
		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His records be corrected to reflect that his retirement for disability reasons was the result of an instrumentality of war.

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APPLICANT CONTENDS THAT:

Consistent with his flying activities and command of a combat wing, combat stress has been identified as a major factor of his disability by the Air Force Physical Evaluation Board (PEB) and the Department of Veterans' Affairs (DVA).

In support of his request, applicant provided documentation associated with his discharge processing, documentation associated with his Disability Evaluation System (DES) processing, documentation associated with his DVA claim processing, and copies of various documents from his military personnel records.  His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant, a prior service enlisted member, was appointed a second lieutenant, Reserve of the Air Force on 15 Dec 50 and was voluntarily ordered to extended active duty on that same date.  He was progressively promoted to the grade of colonel, having assumed that grade effective and with a date of rank of 1 Oct 73.

An MEB was convened on 7 Mar 74 and referred the applicant's case to an Informal PEB with a diagnosis of arteriosclerotic heart disease and impairment to both knees.  The IPEB found him unfit for further military service and recommended that he be permanently retired with a combined compensable rating of 70 percent.  The applicant agreed with the findings and recommended disposition of the IPEB.  On 23 Apr 74, he was retired in the grade of colonel with a compensable rating of 70 percent.  He served 29 years and 9 months on active duty.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states that nothing in his record reflects his condition was the direct result of an armed conflict or an instrumentality of war.  Guidelines indicate that the mere presence in an area of armed conflict is not sufficient to qualify for this entitlement.  There must be a definite causal relationship between the armed conflict and the unfitting disability.  In order to meet the criteria for an injury from an instrumentality of war, the harm must have been caused by a military combat vehicle, injury or sickness caused by fumes, gases, or explosion of military ordinance, vehicles or material.  
The DPPD evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 5 Jun 03 for review and comment within 30 days.  As of this date, this office has received no response.

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice that would warrant corrective action.  We took notice of the applicant's complete submission in judging the merits of the case; however, evidence has not been presented which would lead us to believe that his medical conditions which resulted in the recommendation that he be retired from the Air Force by reason of medical disability, were the direct result of armed conflict or an instrumentality of war as prescribed by the applicable directives.  Accordingly, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has net 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.

4.  The applicant's 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.

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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.

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The following members of the Board considered AFBCMR Docket Number BC-2003-01421 in Executive Session on 29 Jul 03, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 11 Apr 03.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 4 Jun 03.
    Exhibit D.  Letter, SAF/MRBR, dated 5 Jun 03.

                                   
                                   Panel Chair