RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-02865
		INDEX CODE:  108.07
		COUNSEL:  NONE

		HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical condition, multiple sclerosis (MS), be assessed as combat related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

While on active duty he participated in numerous war games in which he worked long hours in the full chemical suit, almost certainly aggravating and contributing to his MS.  He was diagnosed with MS during his 19th year of service.  As far back as his grandparents, there has not been any other know case of MS in his family.

In support of his request applicant provided a personal statement.  His complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force on 4 Aug 78.  He was progressively promoted to the grade of master sergeant, having assumed that grade effective and with a date of rank of 1 Mar 94.  He voluntarily retired for length of service on 1 Sep 98.  He served 20 years and 27 days on active duty.  

Department of Veterans Affairs (DVA) records currently rate his medical conditions as 40% disabling.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states in cases where a member may have incurred a medical condition during a period of war or while participating in simulated war games is not sufficient evidence to support a combat-related determination.  Military records must show a definite causal relationship between the armed conflict and the medical condition.  His contention that his military service may have caused or aggravated his MS has no basis whatsoever.  A review of his service medical record failed to show his Spinal Disc Injury to be the direct result of an armed conflict, hazardous service, or caused by an instrumentality of war.  While the exact cause of MS is not known, there is no logical reason to think that wearing a chemical warfare ensemble has any connection to MS, as hundreds of thousands of military members have routinely worn the ensemble and do not come down with MS.  The preponderance of evidence made available does not appear to fall under the hazardous service category but, rather duties performed under normal completion of his military responsibilities.  

The DPPD evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

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

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial.  The Medical Consultant states there is no scientific evidence linking the development of MS to the wearing of military chemical protective gear.  Although there is some genetic predisposition to developing the disease, isolated cases in a family occur more frequently than multiple cases.  

The Medical Consultant Evaluation is at Exhibit E.

ODUSD(MPP)/Comp reviewed the applicant's request and concurs with the findings and recommendation of the BCMR Medical Consultant.  The ODUSD evaluation is at Exhibit F.

_________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

Copies of the additional Air Force evaluations were forwarded to the applicant on 28 Jul 04 for review and comment within 30 days.  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.  After a thorough review of the available evidence of record, it is our opinion that the service-connected medical condition the applicant believes is combat-related was 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, and therefore, does not qualify for compensation under the CRSC Act.  We agree with the opinions and recommendations of the Air Force offices of primary responsibility and adopt their 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 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.

_________________________________________________________________

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-2003-02865 in Executive Session on 6 Oct 04, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 19 Aug 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 21 Nov 03.
    Exhibit D.  Letter, SAF/MRBR, dated 5 Dec 03.
    Exhibit E.  Letter, BCMR Medical Consultant, dated 19 Dec 03.
    Exhibit F.  Letter, ODUSD(MPP)/Comp, dated 21 Jul 04.
    Exhibit G.  Letter, SAF/MRBC, dated 28 Jul 04.