RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02820
            INDEX CODE:  108.07
            COUNSEL:  NONE

            HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His service-connected medical conditions 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 health problems are  from  working  on  aircraft,  instruments  of  war,
during his Air Force career.

In support of his request, applicant provided documentation associated  with
his Department of Veterans Affairs (DVA) rating decision  and  his  DD  Form
214.  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  29
Jun 79.  He was progressively promoted to  the  grade  of  master  sergeant,
having assumed that grade effective and with a date of rank  of  1  Mar  87.
He served as an Aircraft Maintenance Technician during his career.   He  was
stationed in Vietnam from November 1965 through November  1966,  and  served
on a temporary duty in Vietnam in October 1967.

An MEB was convened on 6 Apr  94  and  referred  his  case  to  an  Informal
Physical Evaluation Board (IPEB) with a diagnosis of lupid hepatitis,  lupus
nephritis,  hypertension  secondary  to   cyclosporine   therapy,   multiple
lipomas,  cholelithiasis,  and  thrush  secondary  to  corticosteroids   and
cyclosporine.  On 19 Apr 94, the IPEB found him unfit for  further  military
service based on a diagnosis of  lupoid  hepatitis  with  history  of  lupus
nephritis.  His remaining conditions were considered but not  ratable.   The
IPEB  recommended  that  he  be  permanently  retired  with  a   compensable
percentage of 30%.  The applicant agreed with the findings  and  recommended
disposition of the IPEB.  On 5 May 94, the Air Force  PEB  recommended  that
the applicant be permanently retired with a combined  disability  rating  of
30%.  The applicant concurred with the recommended findings.  On 6  Jul  94,
he was retired in the grade of master sergeant.  He served  24 years  and  7
days on active duty.

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.

His CRSC application was disapproved  on  28  Jul  03  because  his  combat-
related disability fell below the  60%  qualification.   Subsequent  to  the
change to CRSC qualification requirement, application was approved  awarding
him CRSC for diabetes mellitus as combat-related at the 20% rate.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states his systemic  lupus  erythematosus
was not presumptive under Agent Orange to be combat-related.   His  type  II
diabetes, rated at 20 percent was determined to be presumptive  due  to  his
exposure to Agent Orange.  All other  service-connected  medical  conditions
identified by the DVA are not considered combat-related.   Military  records
must show a definite causal relationship between the armed conflict and  the
medical conditions.  A review  of  his  limited  available  service  medical
record show his diabetes as  presumptuous  and  combat-related.   His  other
service-connected  conditions  should  be  compensated  by  the  DVA.    The
applicant has failed to meet the mandatory combat-related disability  rating
of 60% required under Public Law 107-314.

The DPPD evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on  5  Dec
03 for review and comment within 30 days.  As of this date, this office  has
received no response.

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ADDITIONAL AIR FORCE EVALUATION:

The BCMR Medical  Consultant  recommends  denial.   The  medical  consultant
states that his type II  diabetes  mellitus  has  been  granted  presumptive
service connection by the DVA and  rated  at  20%.   There  is  insufficient
evidence to  establish  an  association  between  Agent  Orange  and  immune
disorders.  At the time of his  CRSC  application,  a  60%  rating  for  the
combat-related  disability  was  required.   The  recent  National   Defense
Authorization Act has decreased  this  requirement  to  10%.   His  previous
denial was based solely on a combat-related rating of less  than  60%.   His
20% rating is qualifying and his previous  application  should  be  approved
without further  action.   His  other  medical  problems  do  not  meet  the
criteria for CRSC.

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.

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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.

_________________________________________________________________

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-
02820 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 18 Aug 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 20 Nov 03.
    Exhibit D.  Letter, SAF/MRBR, dated 5 Dec 03.
    Exhibit E.  Letter, BCMR Medical Consultant, dated 22 Dec 03.
    Exhibit F.  Letter, ODUSD(MPP)/Comp, dated 21 Jul 04.
    Exhibit G.  Letter, SAF/MRBC, dated 30 Jul 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair