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AF | BCMR | CY2004 | BC-2003-02471
Original file (BC-2003-02471.DOC) Auto-classification: Denied

                            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

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