RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04745 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His Air Force (AF) Form 356, Findings and Recommended Disposition of USAF Physical Evaluation Board, be changed to reflect “yes” in Section 10, Item C, Disability was the direct result of Armed Conflict or was caused by an Instrumentality of War and incurred in the line of duty during a period of War. ________________________________________________________________ APPLICANT CONTENDS THAT: His condition of Irritant-Induced Asthma was the result of his exposure to the burn pits at Joint Base Balad, Iraq, during his deployments. In support of his request, the applicant provides copies of his AF Form 356; AF Form 1180, Action on Informal Physical Evaluation Board Findings and Recommended Disposition; Temporary Disability Retirement List (TDRL) Statement Letter; and two Department of Veteran Affairs (DVA) physician letters. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is a former member of the Air National Guard who served on deployments to Balad, Iraq, in September 2006 to December 2006 and again, in September 2008 to December 2008. On 19 April 2009, the applicant completed a Post-Deployment Health Reassessment which indicated possible increases in symptoms of depression and emotional difficulties (including problems sleeping, concentrating, increased irritability, decreased interest, and feeling down or depressed several days per week). In addition, he reported increased difficulties breathing and a persistent cough that began prior to his return from deployment. Upon further medical assessment, the applicant was diagnosed with Irritant-Induced Asthma, thought to be the possible result of exposure to industrial pollution and smoke inhalation during his deployment. Additionally, it was determined that he was evidencing signs of possible Post Traumatic Stress Disorder (PTSD) and Depression. A Medical Evaluation Board (MEB) Report, dated 20 July 2010, indicated the applicant was diagnosed with Depressive Disorder and Irritant-Induced Asthma which was incurred while entitled to basic pay. The MEB referred the applicant’s case to the Informal Physical Evaluation Board (IPEB). The IPEB findings, dated 1 September 2010, indicates the applicant was found unfit for duty due to his physical disabilities of Depressive Disorder (rated at 50 percent) and Irritant-Induced Asthma (rated at 30 percent) for a total of a compensable disability rating of 70 percent. The AF Form 356 indicates the applicant’s disabling conditions were incurred in the line of duty, were not the direct result of armed conflict or caused by an instrumentality of War, and that the disabilities were not the direct result of a combat related injury. As a result, the IPEB recommended the applicant be placed on the Temporary Disability Retired List (TDRL). On 9 September 2010 the applicant agreed with the findings and recommended disposition of the IPEB by signing the AF Form 1180. According to Special Order ACD-00115, issued 15 October 2010, the applicant was honorably released from active duty effective 23 November 2010, and placed on the TDRL effective 24 November 2010. He served 10 years, 9 months, and 27 days on active duty. A Department of Veterans Affairs Rating Decision, dated 27 July 2010, indicates the DVA granted him a 30 percent disability rating for his condition of Asthma. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSD recommends denial. DPSD states the IPEB’s narrative summary regarding the applicant’s condition of Asthma, does not mention that he was exposed to smoke from the burn pits while deployed or that he felt they could have caused his Asthma-like symptoms. If he felt his symptoms were caused by burn pits and should be classified as combat-related, he had two opportunities to appeal the IPEB’s findings. Based on definition, the facts and circumstances involved, the IPEB determined that the applicant’s medical conditions were not caused by an instrumentality of War or as a direct result of Armed Conflict. The complete DPSD evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He disagrees with the DPSD evaluation. His contention that his condition of Irritant-Induced Asthma was caused by smoke exposure from the burn pits while deployed is supported by the medical documentation submitted. The applicant’ complete rebuttal, with attachments, is at Exhibit E. ________________________________________________________________ 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. Therefore, 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 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 Docket Number BC- 2010-04745 in Executive Session on 13 September 2011, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2010-04745 was considered: Exhibit A. DD Form 149, dated 8 Dec 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSD, dated 31 Jan 11. Exhibit D. Letter, SAF/MRBR, dated 1 Apr 11. Exhibit E. Letter, Applicant, dated 5 Apr 11, w/atchs.