RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02090
            INDEX CODE:  108.07
            COUNSEL:  NONE

            HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His service-connected  medical  conditions,  chronic  obstructive  pulmonary
disease and neuritis as a result of right upper lobectomy,  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:

His duties while he was stationed at Osan AB, Korea were not only in a  real
world cease-fire condition, but included war  games,  practice  alerts,  and
tactical exercises on a daily basis.  Department of Veterans  Affairs  (DVA)
medical records indicate his condition was service-connected due  to  an  x-
ray taken in 1985 that showed a  spot  where  the  artery/vein  malformation
occurred, which was the reason for the lobectomy.

In support of his request applicant  provided  a  personal  statement.   His
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
Feb 69.  He was progressively promoted to  the  permanent  grade  of  master
sergeant, having assumed that grade effective and with a date of rank  of  1
Jul 87.  He voluntarily retired from the Air Force on 1 Apr 89.   He  served
20 years, 1 month, and 11 days on active duty.

Current Department of Veterans Affairs  (DVA)  records  reflect  a  combined
compensable disability rating of 70% for his unfitting conditions.

His  CRSC  application  was  disapproved  on  12  Jun  03  based  upon   the
preponderance of evidence that  none  of  his  service-connected  conditions
were determined to be combat-related and that he has not completed 20  years
of service.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.   DPPD  states  although  he  was  treated  for
various medical conditions throughout his active  military  career,  nothing
reflects his treatment was the direct result of an armed conflict or  caused
by an instrumentality of war.   The  mere  presence  in  an  area  or  armed
conflict is not sufficient to qualify for CRSC.  Military records must  show
a definite causal relationship between the armed conflict  and  the  medical
condition.  No document exists in the  records  that  show  this  connection
during his period on active duty.

The DPPD evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states he served for over 20 years with no break in  service.   He
is not claiming his treatment was a  direct  result  of  armed  conflict  or
instrumentality of war, he is claiming his condition  was  incurred  in  the
performance of duties under conditions  simulating  war.   He  contends  his
condition is the result of wearing  contaminated  chemical  protective  gear
during  war  games  and   exercises.     His   complete   submission,   with
attachments, is at Exhibit E.

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ADDITIONAL AIR FORCE EVALUATION:

The BCMR Medical  Consultant  recommends  denial.   The  Medical  Consultant
states the applicant is disabled due to emphysema that developed  as  result
of many years of cigarette smoking.  In 1985, when treatment for a  positive
TB skin test was initiated, his chest x-ray showed evidence of  his  chronic
obstructive lung disease.  There is no evidence he had  active  tuberculosis
and no evidence of lung damage from tuberculosis.  Surgical removal  of  the
right upper lung lobe was prompted by bleeding attributed to abnormal  blood
vessels and/or  emphysema,  not  tuberculosis.   His  chronic  lung  disease
became progressively symptomatic in the  ten  years  after  his  retirement.
There is no evidence he was exposed  to  tuberculosis  by  wearing  chemical
gear, and the likelihood of such an occurrence is essentially zero.  He  was
exposed to  tuberculosis  through  exposure  to  infected  individuals  most
likely while stationed in Korea, a country with a high rate of  tuberculosis
in the general population.  Nothing in the service medical records or  sound
medical principles supports a conclusion that his chronic  obstructive  lung
disease was related to wearing chemical protective gear during duties  under
conditions simulating war.

The Medical Consultant Evaluation is at Exhibit F.

ODUSD(MPP)/Comp reviewed  the  applicant's  request  and  concurs  with  the
findings and recommendation of  the  BCMR  Medical  Consultant.   The  ODUSD
evaluation is at Exhibit G.

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APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

Copies of the  additional  Air  Force  evaluations  were  forwarded  to  the
applicant on 30 Jul 04 for review and comment within 30 days.   As  of  this
date, this office has received no response.

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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.  After a thorough review of  the  available
evidence of record, it is our opinion that  the   service-connected  medical
conditions the applicant believes are combat-related were  not  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,  do  not  qualify  for  compensation
under the CRSC Act.  We agree with the opinions and recommendations  of  the
Air Force offices of primary responsibility and  adopt  their  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 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 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.

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The following members of the Board considered AFBCMR Docket Number  BC-2003-
02090 in Executive Session on 6 Oct 04, under  the  provisions  of  AFI  36-
2603:

      Mr. Thomas S. Markiewicz, Chair
      Mr. Michael V. Barbino, Member
      Ms. Martha A. Maust, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 19 Jun 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 14 Aug 03.
    Exhibit D.  Letter, SAF/MRBR, dated 22 Aug 03.
    Exhibit E.  Letter, Applicant, dated 2 Sep 03, w/atchs.
    Exhibit F.  Letter, BCMR Medical Consultant, dated 7 Oct 03.
    Exhibit G.  Letter, ODUSD(MPP)/Comp, dated 21 Jul 04.
    Exhibit H.  Letter, SAF/MRBC, dated 30 Jul 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair