RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:	BC-2008-01903 INDEX CODE:	108.07
COUNSEL:	NONE HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
His	Combat	Related	Special	Compensation	(CRSC)	be	bridged	as "unemployable."

APPLICANT CONTENDS THAT:
His record	is	in	error,	as	the	Department	of	Veteran	Affairs (DVA)	has	carried	him	unemployable	from	70%		to	100%	from
24 November 1997.	Therefore, the Air Force should increase his disability rating.

In	support	of	his	request,	the	applicant	provided	a	personal statement.

Applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:
The applicant entered active duty in the Regular Air Force on
10 September 1959. He was progressively promoted to the grade of master sergeant, having assumed that grade effective and with a date of rank of 1 August 1978. He served as an Aircraft Environmental System Technician. On 31 July 1983, he was relieved from active duty and retired from the Air Force on
1 August 1983, having served 23 years, 10 months, and 21 days on active duty.

His CRSC application for diabetes mellitus, coronary artery bypass, back strain (lumbar), upper arm condition, brain syndrome, degenerative changes (cervical spine), actinic and seborrheic keratoses, and mild restriction (claimed as condition of the lungs) was partially approved on 22 August 2005. His diabetes mellitus was approved and all the other claimed disabilities were disapproved based upon the fact that the service-connected medical conditions were determined not to be combat-related. On 3 December 2007, his claim for PTSD, rated at 70%, was approved.

Available Department of Veterans Affairs (DVA) records reflect a combined compensable rating of 100% with individual unemployability for his unfitting conditions.

AFBCMR MEDICAL CONSULTANT EVALUATION:
The AFBCMR Medical Consultant recommends denial. The AFBCMR Medical Consultant states that although the applicant asks for an increase in his disability rating from the Air Force, there is no evidence that his case was ever processed through the Military Disability Evaluation System (MDES). The applicant was retired voluntarily due to completing the sufficient years of service, established by the law, for a length of service retirement.

The applicant has received disability compensation for a number of medical conditions found by the DVA to be service-connected. However, none of the applicant's military service medical documents indicate the existence of a chronic or recurrent impairment that interfered with his duty performance to the extent that should have warranted a referral through the MDES. There is no evidence that the applicant was found unfit for further military service for any medical condition listed among his medical documents. The applicant's career was not cut short due to a medical condition and does not, now, justify application of a disability rating under the MDES.

The AFBCMR Medical Consultant honors the applicant's service in Southeast Asia and acknowledges the disability rating he received from PTSD. However, although the DVA has established a retroactive nexus between the applicant's experiences during his service in Vietnam and Korea, there is no evidence of record that at the time of the applicant's retirement he suffered a mental disorder that interfered with his military service or was the independent cause for removal from military service.

The complete AFBCMR Medical Consultant's evaluation is at Exhibit C.

APPLICANT'S REVIEW OF MEDICAL CONSULTANT'S EVALUATION:
On 12 September 2008, a copy of the Medical Consultant's 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.

AIR FORCE EVALUATION:
AFPC/DPSD recommends denial. DPSD states when an individual is awarded Individual Unemployment (IU) by the DVA they are paid at the 100% rate of compensation. In accordance with 38 U.S.C., paragraph 4.16, IU may be awarded provided "That, if there is only one such disability, this disability shall be ratable at 60% or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40% or more, and sufficient additional disability to bring the combined rating to
70 percent or more." At such time that a member is awarded a combined DVA rating of 100% an entitlement to IU becomes "moot." He was not authorized IU until he was granted his PTSD. The applicant was granted 100% by the DVA effective February 2007 which was the same timeframe as the PTSD.

The complete DPSD evaluation, with attachments, is at Exhibit E.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 12 December 2008, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit F). As of this date, this office has received no response.

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 an error or injustice. After a thorough review of the evidence of record and the applicant’s submission, we are not persuaded relief should be granted. The applicant’s contentions are duly noted; however, we do not find these assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force office of primary responsibility. Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought.

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.

The following members of the Board considered AFBCMR Docket Number BC-2008-01903 in Executive Session on 23 February 2009, under the provisions of AFI 36-2603:

Chair 
Member 
Member

The following documentary evidence was considered:
Exhibit A.	DD Form 149, dated 11 May 2008, w/atchs. Exhibit B.	Applicant's Master Personnel Records.
Exhibit C.	Letter, AFBCMR Medical Consultant, dated 4 September 2008.
Exhibit D.	Letter, SAF/MRBR, dated 12 September 2008.
Exhibit E.	Letter, AFPC/DPSD, dated 19 November 2008, w/atchs. Exhibit F.	Letter, SAF/MRBR, dated 12 December 2008.