ADDENDUM TO RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2019-00681-2

XXXXXXXXXXXX	COUNSEL:  NONE

	HEARING REQUESTED:  NO

APPLICANT’S REQUEST

The Board reconsider his request that his AF Form 1180, Action on Physical Evaluation Board Findings and Recommended Disposition, Block 9, column F be changed to read “I” (direct result of instrumentality of war) vs “No” and Block 10, line E to read “Yes” (combat-related) vs “No”.

RESUME OF THE CASE

The applicant is a medically retired Air Force senior master sergeant (E-8).  On 6 May 2019, the applicant was permanently retired with a compensable percentage of 100% disability for a condition not caused by an instrumentality of war nor combat-related.    

On 18 December 2019, the Board considered and denied his request to classify his disability as a result of an instrumentality of war and combat-related, finding that the applicant had provided insufficient evidence of an error or injustice to justify relief.  AFPC/DPFDD noted that the applicant’s disability does not qualify as combat-related in accordance with DoDI 1332.18, Disability Evaluation System, dated 5 August 2014, 44 APPENDIX 5 TO ENCLOSURE 3.  There must be a definite, documented, causal relationship between a combat-related event/incident while in service and the resulting disability.  In addition, an instrumentality of war is a device (material object) designed primarily for military service and intended for use in such service at the time of the occurrence of the injury.  The applicant’s Medical Evaluation Board narrative summary, dated 7 December 2016, indicates the applicant was possibly exposed to asbestos at work during his career; however, there is no evidence of a “specific” incident that led to his condition.

For an accounting of the applicant’s original request and the rationale of the earlier decision, see the AFBCMR Letter and Record of Proceedings at Exhibit E.

On 23 January 2020, the applicant requested reconsideration of his request.  He again contends he was regularly exposed to asbestos during his military career while working on C-130 aircraft as a mechanic, which caused his mesothelioma.  He further contends the C-130 aircraft meets a textbook definition of instrumentality of war.  In support of his request, the applicant provided laboratory test results indicating asbestos fibers were found in material taken from a C-130E aircraft.  

The applicant’s complete submission is at Exhibit F.

FINDINGS AND CONCLUSION
After reviewing all Exhibits, the Board remains unconvinced the evidence presented demonstrates an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DPFDD and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  As previously noted, AFPC/DPFDD acknowledged the applicant may have been exposed to asbestos as a result of his day-to-day duties over a prolonged period of time and exposure to asbestos may have been a factor in his mesothelioma diagnosis.  However, the evidence presented does not identify a specific combat-related event/incident that directly led to his condition.  Therefore, the Board recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

CERTIFICATION

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2019-00681-2 in Executive Session on 18 November 2020:

, Panel Chair
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit E:	Record of Proceedings, w/ Exhibits A-D, dated 18 December 2019.
Exhibit F:	Application, DD Form 149, w/atchs, dated 23 January 2020.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.