RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00449
		INDEX CODE:  108.07
		COUNSEL:  NONE
		HEARING DESIRED:  NO

Mandatory Case Completion Date:  14 Aug 05

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APPLICANT REQUESTS THAT:

His service-connected medical conditions, trigeminal neuralgia and major depressive 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 in Vietnam from 1968 through 1970.  He was exposed to Agent Orange and approximately one year and a half later he was diagnosed with trigeminal neuralgia.  

In support of his request, applicant provided a copy of his DD Form 214 and his CRSC denial letter.  His complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

Applicant served in the U.S. Marine Corps from 6 Aug 56 through 4 Aug 58.  He contracted his initial enlistment in the Regular Air Force on 14 Oct 58.  He was progressively promoted to the grade of master sergeant, having assumed that grade effective and with a date of rank of 1 Oct 72.  He served as a Radar Technician.  He voluntary retired from the Air Force on 31 Oct 76, having served 20 years and 16 days on active duty.

Current Department of Veterans Affairs (DVA) records reflect a combined compensable rating of 70% for his unfitting conditions.  

His CRSC application was disapproved on 29 Oct 03 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 his major depressive disorder is a result of his trigeminal neuralgia and his trigeminal neuralgia is not a condition that is considered presumptive of Agent Orange.  Both conditions are service connected and compensated by the DVA.  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 10 Jun 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 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-2004-00449 in Executive Session on 6 Apr 05, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 5 Feb 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 2 Jun 04.
    Exhibit D.  Letter, SAF/MRBR, dated 10 Jun 04.

                                   Chair