RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2006-00353
		INDEX CODE:  108.07
		COUNSEL:  NONE
		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  7 Aug 07

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APPLICANT REQUESTS THAT:

His service-connected medical condition, neurosis, 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 condition was incurred while on a shake-down cruise aboard the USS Goodrich at Guantanomo Bay Cuba, he witnessed a shipmate falling over the side and being eaten by sharks.  

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

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STATEMENT OF FACTS:

Applicant served in the US Navy from 23 Feb 56 through 27 Nov 59.  He subsequently served in the Navy Reserves and the Army and Air National Guard.  He was progressively promoted to the grade of sergeant senior master sergeant.  On 16 Feb 99, his name was placed on the Air Force Retired List having served 25 years, 7 months and 26 days on active duty.

Available Department of Veterans Affairs (DVA) records reflect a combined compensable rating of 20% for his unfitting conditions.  

His CRSC application was disapproved on 10 Jan 06 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 no evidence can be found to confirm his contention; however, the events described do not meet the parameters for being considered combat related.  Had the crew member been killed by a combat related event and clear evidence existed to confirm this event caused his condition, his request could be approved.  

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 3 Mar 06 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 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.

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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-2006-00353 in Executive Session on 28 Apr 06, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 28 Jan 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 27 Feb 06.
    Exhibit D.  Letter, SAF/MRBR, dated 3 Mar 06.