RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03150
		INDEX CODE:  108.07
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His service-connected medical condition, Post Traumatic Stress Disorder (PTSD), 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 he provided documentation associated with his initial CRSC determination and documentation extracted from his Department of Veterans Affairs (DVA) records.  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 26 May 65.  He was progressively promoted to the grade of chief master sergeant, having assumed that grade effective and with a date of rank of 1 Dec 01.  He served as a Visual Information Manager.  He voluntary retired from the Air Force for maximum years of service on 1 Jun 95, having served 30 years and 5 days on active duty.

His CRSC application was disapproved on 3 Sep 03 based on the fact that although his DVA service-connected medical conditions exceeded the 60% rating, his PTSD was determined to be insufficiently documented and was not rated.  Subsequent to the determination, his CRSC application was approved for his diabetes mellitus rated at 20%.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states his records do not reflect he was treated for any type of anxiety or depressive disorders.  He claims his PTSD is due to his Aerial Combat Photography career and he experiences Vietnam flashbacks.  The preponderance of evidence shows normal duties performed as an Audio Visual Information Manager and does not show a direct correlation to combat participation.  Even though he did not receive any of the medals or commendations considered to be supportive of stressors and combat exposure, the DVA conceded to his stressful events as due to his duty as a combat photographer.  None of the documentation submitted provided any specific information regarding the circumstances of the stressful events.  The applicant denied hallucinations, delusions, paranoia, or suicidal ideation other than a mild impairment based on sleep disturbance, intrusive memories, and mild depression.  His PTSD is determined not to be the result of combat related acts, instrumentality of war, or due to hazardous service.  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 20 Feb 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 his performance reports during the period he was stationed in Vietnam indicates he was assigned to a laboratory processing aerial reconnaissance photographs and makes no reference to duties as a combat photographer or duties outside of the photography laboratory.  His remaining reports throughout his career do not reflect circumstances or events of a traumatic nature under conditions of combat or simulated combat.  There is no evidence in the record that his PTSD was incurred as a direct result of armed conflict, while engaged in hazardous service, while engaged in the performance of duties under conditions simulating war, or as a result of an instrumentality of war.  

The Medical Consultant Evaluation is at Exhibit E.

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APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

Applicant states that he was a lab technician ad performed other duties during the war.  He flew many missions in support of the ground troops to photograph the war.  All of this was documented but records were not provided to the individuals.  He still has vivid memories of events that occurred but does not seek treatment because of the backlog at the DVA.  His complete response is at Exhibit G.

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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-2003-03150 in Executive Session on 14 Dec 04, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 Sep 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 6 Feb 04.
    Exhibit D.  Letter, SAF/MRBR, dated 20 Feb 04.
    Exhibit E.  Letter, SAF/MRBC, dated 9 Jul 04.
    Exhibit F.  Letter, BCMR Medical Consultant, dated 13 Sep 04.
    Exhibit G.  Letter, SAF/MRBC, dated 22 Sep 04.
    Exhibit H.  Letter, Applicant, dated 27 Sep 04.