RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01989
		INDEX CODE:  108.07
		COUNSEL:  NONE
		HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  25 Dec 05

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APPLICANT REQUESTS THAT:

His service-connected medical conditions, bipolar disorder, condition of digestive system, hemorrhoids, skin condition, and urinary condition, 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:

His request should be qualified for CRSC as having been incurred under hazardous conditions.  He was a body guard for a general officer who was under surveillance and threat of death from terrorist groups.  He performed his duties without backup and was armed with a 9mm pistol and machine gun.  

In support of his request, applicant provided witness statements and documentation associated with his CRSC application.  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 6 Oct 69.  He was progressively promoted to the grade of senior master sergeant, having assumed that grade effective and with a date of rank of 1 Dec 86.  He served as a Security Policeman and Law Enforcement Craftsman.  He voluntarily retired from the Air Force on 31 Oct 94, having served 25 years and 25 days 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 disapproved on 14 Apr 04 based upon the fact that his service-connected medical condition was determined not to be the result of hazardous service.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states a review of his service and DVA medical records show his service connected conditions are not combat related.  There is no evidence that during his service as a bodyguard, he was subject to any uniquely military hazard or that any of his claimed conditions are the direct result of such service.  Bipolar disorder is not caused by stress of any particular job.  Hemorrhoids, urinary condition, and skin condition are not considered combat related.  

The DPPD evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responded that his Post Traumatic Stress Disorder has been noted by a DVA psychiatrist to be so intertwined with his bipolar disorder that it is difficult to assess the two independently.  He believes the bipolar disorder was present before his tour as a bodyguard but was triggered by the enormous stress encountered performing those duties.  He has provided witness statements of the duties performed which attest to the uniquely military hazard of his duties.  His complete response, with attachments, 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-2004-01989 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 17 Jun 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 14 Jul 04.
    Exhibit D.  Letter, SAF/MRBR, dated 23 Jul 04.
    Exhibit E.  Letter, Applicant, dated 3 Aug 04, w/atchs.