RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-03854
		INDEX CODE:  108.07
		COUNSEL:  NONE
		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His service-connected medical condition, bipolar disorder, 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:

While performing duties as an air lock operation supervisor from 1988 through 1990 all enlisted personnel did not have proper gas mask filters.

In support of his request, the applicant provided 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 20 June 1969.  He was progressively promoted to the grade of master sergeant, having assumed that grade effective and with a date of rank of 1 March 1987.  He served as an Education and Training Superintendent.  On 31 December 1992, he was relieved from active duty and retired from the Air Force on 1 January 1993, having served 23 years, 3 months and 17 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 26 June 2007 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/DPSD recommends denial.  DPSD states that the applicant believes his bipolar disorder was caused by being stretched beyond what the body and mind can handle under stressful conditions.  In order for the disability to be eligible for compensation under CRSC, the condition must meet the rigorous standards established for combat-related disabilities and not merely have a service connection.  The fact that the member incurred a disability while stationed at Incirlik AB, Turkey is not sufficient to support a combat-related determination without a direct relationship between his disability and a combat-related factor.  There is no evidence to confirm his bipolar disorder was the direct result of a combat-related event or events.

The DPSD complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the evaluation and states, amongst other things, that he suffers from Post-Traumatic Stress Disorder (PTSD) due to Vietnam (identifying body parts during an aircraft accident and not having the proper filters for the gas mask he wore during chemical attacks).

Applicant’s 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.  The available evidence of record does not support a finding that the service-connected medical condition the applicant believes is combat-related was 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.  Regarding his contention that he suffers from PTSD, the available documentation reflects that this condition has not yet been deemed service-connected by the DVA, and therefore, is not eligible for CRSC consideration.  This Board's lacks authority with respect to DVA determinations and the applicant should address his concerns regarding his PTSD with the DVA.  Accordingly, 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 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-2007-03854 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 October 2007, w/atchs.
  Exhibit B.  Applicant's Master Personnel Records.
  Exhibit C.  Letter, AFPC/DPSD, dated 31 December 2007, w/atchs.
  Exhibit D.  Letter, SAF/MRBR, dated 25 January 2008.
  Exhibit E.  Letter, Applicant, undated, w/atchs.