RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00596
		INDEX CODE:  108.07
		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His service-connected medical conditions, right eye injury 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:

As a result of his deployment to Operations DESERT SHIELD/DESERT STORM he lost vision in his right eye and had two major operations.  The dust referenced in his record is referring to the smoke-filled environment and missiles exploding at his location.  After the eye injury he was evacuated to Germany.  The major depressive disorder is a direct result of being deployed to the Gulf.  The total destruction of his right eye came as a direct result of serving in a combat environment under combat conditions.

In support of his request, applicant provided personal statements, documents extracted from his medical records, his Joint Service Commendation Medal citation, and a Certificate of Appreciation.  

His complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force on 29 Dec 64.  He was progressively promoted to the grade of chief master sergeant, having assumed that grade effective and with a date of rank of 1 Dec 83.  He served as a Supply Manager, Inventory Management, Craftsman, and a Senior Enlisted Advisor.  He voluntary retired from the Air Force on 31 Dec 94, having served 30 years and 2 days on active duty.

Current Department of Veterans Affairs (DVA) records reflect a combined compensable rating of 90% for his unfitting conditions.  

His CRSC application was disapproved on 10 Feb 04 and 16 Mar 04 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 there is little doubt his injury occurred while performing his duties as s Supply Manager.  He was diagnosed with Primary Open Angle Glaucoma in 1969 with subsequent surgeries to his right eye in 1973 and 1991.  The loss of sight in his eye resulted in difficulty adjusting with depressed mood and anger culminating in a major depressive disorder.  Documentation provided failed to show a traumatic event or occurrence, which corroborates a combat related incident as defined under Public Law 107-314.  To qualify for CRSC benefits the military records must show a combat related event, while in service, which caused his medical disability.  .  

The DPPD evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states the 1973 surgery corrected the problem and he was able to serve until 1995.  DVA documentation shows his injury was caused from duty in Southwest Asia.  As a result of living in a polluted environment, caused by Iraq Forces and Coalition Forces, he contracted an infection in his right eye and was returned to Germany.  His subsequent operations were a direct result of being deployed to support Operations DESERT SHIELD/DESERT STORM.  

This 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 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.

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

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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-2004-00596 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 18 Feb 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 26 May 04.
    Exhibit D.  Letter, SAF/MRBR, dated 28 May 04.
    Exhibit E.  Letter, Applicant, dated 5 Jun 04.
    Exhibit F.  Letter, Applicant, dated 2 Nov 04.
    Exhibit G.  Letter, SAF/MRBC, dated 18 Nov 04.
    Exhibit H.  Letter, Applicant, dated 25 Nov 04.