RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00592
		INDEX CODE:  108.07
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His service-connected medical conditions, mycoplasma fermentans, fibromyalgia, and his mental and physical conditions, 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 injured in Saudi Arabia during the Gulf War in 1990-1991.  His conditions have been diagnosed and treated and are related to combat and/or combat training. 

In support of his request applicant provided documentation extracted from his medical records.  His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant's military personnel records are unavailable; therefore, his military service cannot be verified.  Current Department of Veterans' Affairs (DVA) reflect applicant received a combined compensable rating of 80% for his service-connected disabilities.  

His CRSC application has been approved for his service-connected dysthymic disorder, rated at 70%; limited motion of arm, rated at 20%; and limited motion of ankle, rated at 10%.  His mycoplasma fermentans, fibromyalgia, and skin condition were disapproved based upon the fact that the conditions were determined not service-connected.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states for his skin condition to be approved, it must be specifically granted by the Department of Veterans Affairs (DVA) as presumptive to Gulf War service and so stated in the rating decision.  His mycoplasma fermentans and fibromyalgia have not yet been rated as service-connected 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 25 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 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-2004-00592 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 16 Feb 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 18 Jun 04.
    Exhibit D.  Letter, SAF/MRBR, dated 25 Jun 04.