RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01283 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical condition, epilepsy be assessed as combat-related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act. _________________________________________________________________ APPLICANT CONTENDS THAT: He was a student gunner on a B-29 aircraft and received a head injury during his training. He believes his epilepsy is due to this injury. In support of his request, the applicant submits documentation associated with his CRSC application. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant was retired with a permanent disability effective 31 December 1956 in the grade of airman third class. He served 5 years, 4 months and 1 day of total active duty. His CRSC application was disapproved on 19 October 2009 and 30 April 2010 based upon the fact that his service-connected medical condition, epilepsy, was determined not to be combat- related. Available Department of Veterans Affairs (DVA) records reflect a combined compensable rating of 100% for his unfitting conditions (peripheral neuropathy of left and right upper and lower extremity associated with epilepsy). _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSDC recommends denial. DPSDC states by law, determinations of whether a disability is combat related will be based on the preponderance of available documentary information. All relevant documentary information is to be weighed in relation to known facts and circumstances, and determinations will be made on the basis of credible, objective documentary information in the records as distinguished from personal opinion, speculation, or conjecture. Additionally, in accordance with DD Form 2860, Claim for CRSC, the fact that a member incurred a disability during a period of hazardous service, or during a period of simulating war, is not sufficient by itself to support a combat- related determination. There must be a definite, documented, causal relationship between the hazardous service or simulating war and the resulting disability. There is no documentation confirming the applicant was injured during flight or that his epilepsy was caused from a head injury. While the applicant speculates that his fall caused his epilepsy, it is just as likely that the applicant had a seizure and hit his head when he fell. This condition does not meet the mandatory criteria for compensation under the CRSC program. Documentation provided does not confirm a combat-related event was the direct cause of his epilepsy. The DPSDC complete evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 1 July 2011, a copy of the Air Force 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. _________________________________________________________________ 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 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. 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 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-2011-01283 in Executive Session on 11 January 2012, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2011-01283 was considered: Exhibit A. DD Form 149, dated 28 March 2011, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPSDC, dated 9 June 2011, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 1 July 2011.