RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03773
		INDEX CODE:  108.07
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His service-connected medical condition, anxiety disorder, 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:

He was informed that 19 years, 10 months, and 14 days of service was considered as a 20-year retirement.  

In support of his request, applicant provided a copy of his DD Form 214, his retirement order, documentation associated with his Department of Veterans Affairs (DVA) rating, and a CRSC denial letter.  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 15 Dec 48.  He was progressively promoted to the grade of technical sergeant, having assumed that grade effective and with a date of rank of 1 Dec 65.  

An MEB was convened on 4 Sep 68 and referred his case to a Physical Evaluation Board (PEB) with a diagnosis of duodenal ulcer, sustention tremor, and bilateral neurosensory high frequency hearing loss.  On 21 Sep 68, the PEB found him unfit for further military service based on a diagnosis of neurosensory hearing loss and anxiety reaction, and recommended that he be permanently retired with a combined compensable percentage of 30%.  The applicant did not concur with the PEB findings and recommendation and requested he be retired with a compensable percentage of 80%.  On 7 Oct 68, the Air Force Personnel Board concurred with the findings and recommendations of the PEB and directed his retirement effective 1 Nov 68.  He was retired in the grade of technical sergeant on that date with a compensable rating of 30%.  He served 19 years, 10 months, and 15 days on active duty.

His CRSC application was disapproved on 29 Oct 03 for failing to meet the 20 year service requirement.  Subsequent to an AF/JAA ruling clarifying the crediting of retiring personnel with at least 19 years and 6 months of service prior to 1 Jan 82, his request was re-evaluated and he was granted CRSC compensation for his impaired hearing rated at 20%.  His anxiety disorder, which is rated at 70% by the DVA was determined not to be combat related.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states the applicant meets the ruling that his 19 years, 10 months, and 14 days of service will be rounded up and credited as having completed 20 years of service for pay purposes.  His hearing loss meets the criteria and qualifies for CRSC.  He believes his anxiety disorder is related to his hearing loss.  However, a review of his medical records failed to show a combat related connection/hazardous service for his nervous condition.  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 although his symptoms of anxiety increased while exposed to loud noise on the flightline, there is no evidence or medical principle that supports a conclusion that his anxiety disorder and tremors were directly caused by armed conflict, while engaged in hazardous service, while engaged in performance of duties under conditions simulating war, as a result of an instrumentality of war, or other qualifying conditions.  The Medical Consultant Evaluation is at Exhibit E.

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APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy of the additional Air Force evaluation was forwarded to the applicant on 10 Nov 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 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.

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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-2003-03773 in Executive Session on 23 Feb 05, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 5 Nov 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 9 Feb 04.
    Exhibit D.  Letter, SAF/MRBR, dated 20 Feb 04.

    Exhibit E.  Letter, BCMR Medical Consultant, dated 5 Nov 04.
    Exhibit F.  Letter, SAF/MRBC, dated 10 Nov 04.