RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01896
		INDEX CODE:  108.07
		COUNSEL:  NONE
		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  19 Dec 05

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical condition, dermatitis or eczema, be assessed as combat related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His conditions are related to his assignment to Phan Rang Vietnam and are related to his duties as an aircraft mechanic.  His right knee injury was incurred on 3 May 71 with surgery and follow-up care.  His left shoulder was dislocated 27 Jun 71 and came out of joint three more times while in Vietnam requiring surgery and rehabilitation.

In support of his request, applicant provided documentation associated with his CRSC application.  His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force on 16 Dec 59.  He was progressively promoted to the grade of senior master sergeant, having assumed that grade effective and with a date of rank of 1 Sep 79.  He served as an Aircraft Mechanic.  He voluntarily retired from the Air Force on 30 Sep 81, having served 21 years, 10 months, and 17 days on active duty.

His CRSC application was disapproved on 19 Apr 04 based upon the fact that his service-connected medical conditions were determined not to be combat-related.  Based on additional documentation provided with his AFBCMR application, his request was reconsidered and approved for limited motion of left arm, rated at 20%; right knee condition, rated at 10%; and degenerative arthritis, rated at 10%.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states a review of his service and DVA medical records show his skin condition is not combat related.  DVA rating decision dated 10 May 00, states the "available scientific and medical evidence does not support the conclusion that the condition at issue is associated with herbicide exposure."  His skin condition was later determined to be service connected, but no mention was made as to an association with Agent Orange exposure.  Further, no evidence was found to indicate the skin condition was the result of a combat related event.

The DPPD evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 28 Jan 05 for review and comment within 30 days.  As of this date, this office has received no response.

_________________________________________________________________

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 condition the applicant believes is combat-related was 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, does 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.

_________________________________________________________________

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.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-2004-01896 in Executive Session on 11 Jul 05, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 6 Jun 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 20 Jan 05.
    Exhibit D.  Letter, SAF/MRBR, dated 28 Jan 05.
    Exhibit E.  Letter, SAF/MRBC, dated 9 Dec 04.