RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00399
		INDEX CODE:  108.07
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His service-connected medical conditions, post-traumatic stress disorder (PTSD) and migraine headaches, 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 awarded the Vietnam Service Medal although he did not serve in Vietnam.  He served in Thailand in a combat unit, which exposed him to combat in Laos in search and rescue operations for downed aircraft.  Because he was attached to a unit that was operating "unofficial" operations, no documents were maintained.

In support of his request, applicant provided documents extracted from his military personnel records and documentation associated with his CRSC application.  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 1 Oct 58.  He was progressively promoted to the grade of technical sergeant, having assumed that grade effective and with a date of rank of 1 Feb 75.  He served as an Aircraft Mechanic and as a Maintenance Management Technician.  He voluntary retired from the Air Force on 30 Sep 78, having served 20 years on active duty.

Current Department of Veterans Affairs (DVA) records reflect a combined compensable rating of 60% for his unfitting conditions.  

His CRSC application was approved for diabetes mellitus (Agent Orange presumptive) and was disapproved for PTSD and migraine headaches based upon the fact that his service-connected medical conditions were determined not to be combat-related.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states is records reflect he was treated for headaches dating back to 1967, although they were considered secondary to medication.  There is no record on any particular illness or injury that he encountered to consider as combat-related.  He disclosed to the DVA that he served in Laos from 1969 to 1970 and during that time he witnesses three Laotian soldiers killed by one of his commanders and he also killed one for fear of giving away his position.  Even though his statement could not be confirmed he was given disability because of the VSM he received.  The VSM is also awarded to service members serving in support of Vietnam operations but who did not actually serve in Vietnam.  There is no record of treatment for mental instability of any kind nor is there any record that he served in Vietnam.  His stressors developed over 30 years later and do not appear to be the result of combat related situations.  

The DPPD evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant provided a statement in which he gives a detailed account of the aforementioned traumatic incidents he experienced.  His complete response is at Exhibit E.

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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 offices 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-2004-00399 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 31 Jan 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 14 Apr 04, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 30 Apr 04.
    Exhibit E.  Letter, Applicant, dated 19 May 04, w/atchs. 

                                   Chair