RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00107
		INDEX CODE:  108.07
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His service-connected medical conditions, asthma and ulcers, 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:

His records show his asthmatic condition and ulcers were the direct result of combat related events.  He believes his asthma was caused by Agent Orange and ulcers caused by combat events.  Even though his neuropathy was not evaluated until the late 1990's, he believes it was also caused by Agent Orange.  

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 16 Nov 67.  He was progressively promoted to the grade of chief master sergeant, having assumed that grade effective and with a date of rank of 1 Jul 90.  He served in Vietnam 137 days of temporary duty in Vietnam.  He voluntary retired from the Air Force on 31 May 98, having served 30 years, 4 months, and 14 days on active duty.

Current Department of Veterans Affairs (DVA) records reflect a combined compensable rating of 80% for his unfitting conditions.  

His CRSC application was disapproved on 15 Dec 03 based upon the fact that his service-connected medical condition was determined not to be combat-related.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states documentation within his records failed to show a traumatic event of occurrence, which corroborates a combat related connection as insinuated by the applicant.  Asthma and ulcers are not currently presumptive conditions for Agent Orange exposure.  His conditions are otherwise considered service connected and are compensated by the DVA.  To qualify for CRSC benefits, the records must clearly show a combat related event, while in service, which caused his disabilities.  

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 23 Apr 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 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-2004-00107 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 Jan 04.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 16 Apr 04.
    Exhibit D.  Letter, SAF/MRBR, dated 23 Apr 04.

                                   Chair