RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-02955
		INDEX CODE:  108.07
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His service-connected medical conditions, migraine headaches and hypertension, be assessed as combat related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act.

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APPLICANT CONTENDS THAT:

Applicant makes no contentions.  In support of his request, applicant provided documentation associated with his Department of Veterans Affairs (DVA) rating decision.  His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force on 14 Aug 68.  He was progressively promoted to the grade of senior master sergeant, having assumed that grade effective and with a date of rank of 1 Jun 01.  He served as an Aircraft Maintenance Technician.  He voluntarily retired from the Air Force on 1 Sep 94.  He served 26 years and 17 days on active duty.

Current Department of Veterans Affairs (DVA) records reflect a combined compensable disability rating of 60% percent for his unfitting conditions, which includes a rating of 50% for migraine headaches and 10% for hypertension.

His CRSC application was disapproved on 18 Aug 03 because on the preponderance of evidence that his service-connected medical conditions were not determined to be combat-related.  

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states the fact he may have been involved in simulated war exercises during a period of war or while assigned to a location in direct support of combat operations is not sufficient to support a combat-related determination.  Records must show a definite causal relationship between the combat training and the medical condition.  Migraine headaches and hypertension are not considered the results of a combat activity and a review of his records failed to show a combat-related connection.  

The DPPD evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluations was forwarded to the applicant on 12 Mar 04 for review and comment within 30 days.  As of this date, this office has received no response.

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ADDITIONAL AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial.  The Medical Consultant states migraine headaches and hypertension are chronic medical conditions that are not considered the result of combat activity.  While psychological and physiologic stress may transiently aggravate headaches and hypertension, these conditions arise without specific external cause due to a variety of factors intrinsic to the individual such as genetic risk factors.  There is no evidence his headaches were the result of a head injury suffered in combat.  

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.

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APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

Copies of the additional Air Force evaluations were forwarded to the applicant on 2 Sep 04 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 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 conditions the applicant believes are combat-related were 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, do 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.

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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-2003-02955 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 26 Aug 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 5 Mar 04.
    Exhibit D.  Letter, SAF/MRBR, dated 12 Mar 04.
    Exhibit E.  Letter, BCMR Medical Consultant, dated 17 May 04.
    Exhibit F.  Letter, ODUSD(MPP)/Comp, not dated.
    Exhibit G.  Letter, SAF/MRBC, dated 2 Sep 04.