RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-01876
		INDEX CODE:  108.07
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His service-connected medical conditions, intervertebral disc syndrome, paralysis of external popliteal nerve (left lower), paralysis of median nerve (left and right upper), bronchial asthma, sinusitis, and Individual Unemployability (IU), 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:

He desires CRSC for his service-connected medical conditions.  His records will reflect his job descriptions and the firearms he carried daily to protect general officers, the commanders and men and women of the Air Force.  However, due to the classified nature of many of his assignments the records may not be able to explain the assignments to one who never was involved in counter espionage operations.  He was constantly in harms way due to his hazardous service commitment, dealing with the criminal elements in the Air Force, protecting foreign dignitaries, terrorist threats to our country, as well as the foreign countries he was stationed in.  He never realized he would spend the rest of his life running from his years of military fears of armed conflict and hazardous service.

In support of his request, the applicant provided a personal statement and documentation associated with his CRSC application.

Applicant’s 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 17 October 1960.  He was progressively promoted to the grade of master sergeant, having assumed that grade effective and with a date of rank of 1 July 1977.  He served as a Special Investigations Superintendent and Telephone Switching Equipment Technician.  On 31 July 1981, he was relieved from active duty and retired from the Air Force on 1 August 1981, having served 20 years, 9 months, and 14 days on active duty.

Available Department of Veterans Affairs (DVA) records reflect a combined compensable rating of 70% for his unfitting conditions.

His CRSC application was disapproved on 16 October 2006 based upon the fact that his service-connected medical conditions were determined not to be combat-related.  However, his application was partially approved on 17 October 2007.  PTSD was determined to be combat-related with a compensable rating of 30%.

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AIR FORCE EVALUATION:

AFPC/DPSDC recommends denial.  DPSDC states there is no evidence showing a combat-related event or events that caused his intervertebral disc syndrome (lumbar spine) and the associated paralysis of external popliteal nerve (left lower).  In his initial application, applicant stated he injured his back when he slipped on a wet patio during a narcotics arrest in 1970.  Whether slipping on a wet patio, getting into a car, or slipping on ice, there is no evidence of a combat-related event or events that occurred during these incidents that caused this disability and the associated radiculopathy of the left lower extremity.

Furthermore, there is no evidence showing a combat-related event or events that caused spondylolisthesis or segmental instability (cervical spine) and the associated paralysis of median nerve (left and right upper).  In his initial application, applicant stated this injury was caused over a number of years and was related to his lower back (lumbar) injury.  Since the lower back disability is not combat-related, and there was no evidence of a separate, acute, combat-related neck injury, this disability cannot be considered combat-related.

Applicant did not request consideration of bronchial asthma and sinusitis in his initial application.  In his request for correction of military records, he added these disabilities.  The Department of Veterans Affairs (VA) rating decision dated 18 February 2005 awarded service connection for sinusitis and bronchitis based on service medical records indicating these conditions occurred in service.  Again, however, there is no evidence of any combat-related cause.  Exposure to the environment is not unique to military service or combat-situations and these disabilities are not presumptive conditions for Agent Orange exposure in Vietnam.  Therefore, these disabilities cannot be considered combat-related.

Lastly, IU is approved for CRSC when combat-related disabilities are equal to or greater than 60% based on the VA requirement for IU.  Since applicant’s approved, combat-related disability (PTSD) is 30%, he is not entitled to IU under the CRSC program.

The complete DPSDC evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 26 October 2007, the evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit D).  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 an error or injustice; the application was denied without a personal appearance; and 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-2007-01876 in Executive Session on 28 April 2008, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

  Exhibit A.  DD Form 149, dated 30 May 2007, w/atchs.
  Exhibit B.  Applicant's Master Personnel Records.
  Exhibit C.  Letter, AFPC/DPSDC, dated 17 October 2007, w/atchs.
  Exhibit D.  Letter, SAF/MRBR, dated 26 October 2007.