RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-02372
		INDEX CODE:  108.07
		COUNSEL:  NONE
		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical condition of hypothyroidism be reassessed as combat-related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act.

________________________________________________________________

APPLICANT CONTENDS THAT:

His condition is the result of manually arming and disarming nuclear weapons for 17 years.

His complete submission is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

On 13 April 1953, the applicant retired from the Air Force in the grade of lieutenant colonel, after serving 27 years and 4 days on active duty.  

Available Department of Veterans Affairs (DVA) records reflect a combined rating of 30% for his service-connected medical conditions.

His CRSC application was approved June 15, 2007 for impaired hearing but was disapproved for hypothyroidism because his disability claim was incorrectly related to Agent Orange exposure.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD provides a review of the applicant’s medical records and notes the VA Rating Decision, dated 15 June 2007, awarded service-connected compensable ratings for impaired hearing and a non-compensable rating for hypothyroidism.  DPPD states in order to determine a disability is combat-related, there must be objective documentary evidence that the disability is the direct result of a combat event or events or performance of duty simulating war or caused by hazardous service or an instrumentality of war.  There are other conditions that are considered presumptive of Agent Orange, Radiation, Mustard gas, or POW interment, by the DVA, which also qualify for CRSC.  In his original application and his request for correction of military records, he claimed hypothyroidism was caused by radiation exposure from pre and post-flight arming and de-arming of nuclear weapons throughout his career.  DPPD’s disapproval for this disability incorrectly related his claim to Agent Orange exposure.  The DD Form 2860, Claim for Combat-Related Special Compensation states the following:  "The disability was incurred as a result of combat related exposure.  Combat-related radiation exposure includes documented, onsite participation in a test involving the atmosphere detonation for a nuclear device; the occupation of Hiroshima or Nagaski, Japan by the United States forces during a specified period; internment as a prisoner or war in Japan during World War II; or service in Paducah, Kentucky, Portsmouth, Ohio; or the area identified as K25 at Oak Ridge, Tennessee for at least 250 days before 1 February 1992."  After reviewing his personnel and medical records, DPPD found no evidence that he met the criteria above for combat-related radiation exposure.  DPPD recommends denial because they cannot prove this incident was caused by radiation exposure; therefore, his disability does 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 complete 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 14 September 2007 for review and comment within 30 days.  As of this date, this office has received no response. (Exhibit D)

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

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 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.

________________________________________________________________

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 this application in Executive Session on 28 April 2008, under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2007-02372 was considered:

    Exhibit A.  DD Form 149, dated 17 July 2007.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSDC, dated 20 August 2007.
    Exhibit D.  Letter, SAF/MRBR, dated 14 September 2007.