RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00105
		INDEX CODE:  108.07
		COUNSEL:  NONE
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		HEARING DESIRED:  NO
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MANDATORY CASE COMPLETION DATE:  12 Jul 05

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APPLICANT REQUESTS THAT:

His service-connected medical condition for Neurofibromatosis be considered as presumptive of Agent Orange due to his tours in Vietnam and combat related in order to qualify for compensation under the Combat-Related Special Compensation (CRSC) Act.

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APPLICANT CONTENDS THAT:

While serving in Southeast Asia, he was sprayed with Agent Orange, which aggravated his disease.

His complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force on 12 October 1950.  He was progressively promoted to the grade of chief master sergeant, having assumed that grade effective and with a date of rank of 1 September 1977.  He served in Southeast Asia from 17 February 1962 through 24 November 1962, and from 18 October 1966 to 3 March 1967.  He was permanently retired for disability effective 20 April 1980, with a disability rating of 100%.  He completed 27 years, 4 months, and 25 days on active duty.

Current Department of Veterans Affairs (DVA) records reflect a combined compensable rating of 100% for his unfitting conditions.  

His CRSC application was disapproved on 16 December 2003, since his service-connected medical condition was determined not to be combat-related.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial and states, in part, that while the applicant was treated for a congenital disease, Neurofibromatosis, his records fail to show a connection to a combat-related event.  

The AFPC/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 16 April 2004 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 opinion and recommendation of the Air Force office of primary responsibility and adopt its 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-2004-00105 in Executive Session on 6 April 2005, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 5 Jan 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 7 Apr 04.
    Exhibit D.  Letter, SAF/MRBR, dated 16 Apr 04.

                                   Chair