RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-01855
		INDEX CODE:  108.07
	XXXXXXXXXXX	COUNSEL:  NONE
		HEARING DESIRED:  NOT INDICATED

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APPLICANT REQUESTS THAT:

His service-connected medical conditions, sinusitis and hiatal hernia, 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:

Applicant proffers no contentions.  

In support of his request, applicant provides a copy of the CRSC decision.  His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 31 March 1992, after serving 25 years, 2 months and 20 days on active duty, the applicant voluntarily retired from the Air Force in the grade of chief master sergeant.  

Available Department of Veterans Affairs (DVA) records reflect a combined compensable rating of 40% for his unfitting conditions.  

His CRSC application was partially approved on 15 May 2007, for diabetes mellitus.  His request for compensation for sinusitis and hiatal hernia was disapproved because there was no evidence to confirm these disabilities were the direct result of armed conflict, hazardous service, instrumentality of war, or simulating war.   

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD advises that the circumstances described by the applicant do not meet the mandatory criteria for compensation under the CRSC program as outlined under the provisions of 10 U.S.C., Chapter 71, Section 1413a.  The AFPC/DPPD complete 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 13 July 2007 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.  The available evidence of record does not support a finding that the service-connected medical conditions the applicant believes are combat-related were 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 Docket Number BC-2007-01855 in Executive Session on 2 November 2007, under the provisions of AFI 36-2603:

The following documentary evidence pertaining to Docket Number BC-2007-01855 was considered:

    Exhibit A.  DD Form 149, dated 5 June 2007, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 29 June 2007.
    Exhibit D.  Letter, SAF/MRBR, dated 13 July 2007.