RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02471
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, pancreatic cancer and residuals
of surgery, be assessed as combat related in order to qualify for
compensation under the Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He believes his pancreatic cancer was caused by his exposure to Agent
Orange.
In support of his request, applicant provided documentation associated with
his request for CRSC benefits. His complete submission, with attachments,
is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his initial enlistment in the Regular Air Force on 24
May 60. He was progressively promoted to the grade of master sergeant
having assumed that grade effective and with a date of rank of 1 Jul 75.
He served in The Republic of Vietnam from 1 Jan 69 through 1 Aug 69. He
voluntarily retired for years of service on 1 Jun 80. He served 20 years
and 7 days on active duty.
Current Department of Veterans Affairs (DVA) records reflect a combined
compensable disability rating of 100% percent for PO whipple procedure with
adenocarcinoma, history of total colectomy with ileorectal anastomasis,
cholecystectomy and hiatal hernia; and 30% for major depression. He is not
rated for pancreatic cancer.
His CRSC application was disapproved on 11 Jul 03 based upon the
preponderance of evidence that none of his service-connected conditions
were determined to be combat-related
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states nothing in his medical records
reflects he was exposed to Agent Orange. There is no documentation to
indicate his pancreatic cancer is even service-connected as this is not the
same as adenocarcinoma of the intestines. Pancreatic cancer is not a
presumptive condition attributable to Agent Orange. At the time of his
retirement from the Air Force it was noted that he stated his medical
health at the time as being "good." The DPPD evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 19 Sep
03 for review and comment within 30 days. As of this date, this office has
received no response.
_________________________________________________________________
ADDITIONAL AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends denial. The Medical Consultant
states the applicant has familial adenomatous polyposis, a genetic
condition which carries a high risk, 70 to 90%, for developing colon cancer
by age 70. In addition to colon cancer, affected individuals are also at
increased risk for duodenal ampullary carcinoma and occasionally desmoid
tumors, both of which he developed. He did not have pancreatic cancer.
For the purposes of DVA compensation, certain diseases are presumed to be
service connected that may have been the result of exposure to Agent
Orange. The DVA recognizes diseases as being associated with Agent Orange
based on a low threshold for statistical association that favors the
veteran. Familial adenomatous polyposis and associated cancers are not one
of the diseases presumed to be associated with Agent Orange. The Medical
Consultant Evaluation is at Exhibit E.
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 F.
_________________________________________________________________
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.
_________________________________________________________________
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.
_________________________________________________________________
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 AFBCMR Docket Number BC-2003-
02471 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 17 Jul 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 11 Sep 03.
Exhibit D. Letter, SAF/MRBR, dated 19 Sep 03.
Exhibit E. Letter, BCMR Medical Consultant, dated 7 Oct 03.
Exhibit F. Letter, ODUSD(MPP)/Comp, dated 21 Jul 04.
Exhibit G. Letter, SAF/MRBC, dated 30 Jul 04.
THOMAS S. MARKIEWICZ
Chair
AF | BCMR | CY2004 | BC-2003-02820
On 5 May 94, the Air Force PEB recommended that the applicant be permanently retired with a combined disability rating of 30%. Current Department of Veterans Affairs (DVA) records reflect a combined compensable disability rating of 100% percent for his unfitting conditions, which includes a rating of 20% for type II diabetes mellitus. At the time of his CRSC application, a 60% rating for the combat-related disability was required.
AF | BCMR | CY2004 | BC-2003-02870
_________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: The BCMR Medical Consultant states the applicant's back and knee problems do not qualify for the CRSC program; however, his diabetes, presumed under Title 38 to be service-connected due to Agent Orange, does qualify him for CRSC. We have been made aware that the portion of his request regarding his diabetes mellitus, Vietnam era (Agent Orange) presumptive has been granted by the CRSC board and...
AF | BCMR | CY2004 | BC-2003-04134
He was placed in a special high altitude chamber for the purpose of diagnostic and corrective adjustment at an altitude of 65,000 feet for a minimum of 15 minutes with his suit inflated. There is no relationship of this incident or flying duties to the subsequent diagnosis of his lung tumor. The Medical Consultant Evaluation is at Exhibit G. ODUSD(MPP)/Comp reviewed the applicant's request and concurs with the findings and recommendation of the BCMR Medical Consultant.
AF | BCMR | CY2004 | BC-2003-02824
Before he ruptured the disc in his lower back he did not have any serious back problems. The Medical Consultant states the applicant's medical records contain an entry dated 13 Nov 70 for low back pain incurred lifting an 80 lb. 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,...
AF | BCMR | CY2004 | BC-2003-03763
He voluntarily retired from the Air Force on 1 Jul 77, in the grade of lieutenant colonel. Over ten years after retiring from the Air Force he was shown to have leg swelling due to chronic venous insufficiency. _________________________________________________________________ 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...
AF | BCMR | CY2004 | BC-2003-02341
The Medical Consultant states a review of his service medical records finds no evidence of trauma, injuries, or exposures related to combat, during exercises or training simulating combat, or attributed to an instrumentality of war. 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,...
AF | BCMR | CY2004 | BC-2003-03103
_________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPD recommends denial. The fact that a member may incur a medical condition during a period of war or while performing combat operations is not sufficient evidence to support a combat-related determination. Exhibit C. Letter, AFPC/DPPD, dated 20 Jan 04.
AF | BCMR | CY2004 | BC-2003-02874
_________________________________________________________________ APPLICANT CONTENDS THAT: His medical records do not correctly reflect his injuries received while he was in Vietnam. In support of his request, applicant provided a personal statement and documentation extracted from his medical records. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of...
AF | BCMR | CY2004 | BC-2003-03642
The Medical Consultant Evaluation is at Exhibit E. ODUSD(MPP)/Comp reviewed the applicant's request and concurs with the findings and recommendation of the BCMR Medical Consultant. _________________________________________________________________ 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...
AF | BCMR | CY2004 | BC-2003-02955
Migraine headaches and hypertension are not considered the results of a combat activity and a review of his records failed to show a combat-related connection. The Medical Consultant states migraine headaches and hypertension are chronic medical conditions that are not considered the result of combat activity. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence...