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AF | BCMR | CY2004 | BC-2003-03283
Original file (BC-2003-03283.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03283
            INDEX CODE:  108.07
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical conditions, asthma, chronic  obstructive  lung
disease, and lumbar spinal injury, be assessed as combat  related  in  order
to qualify for compensation under the Combat  Related  Special  Compensation
(CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

As  a  telecommunications  technician  he  performed  hundreds   of   combat
simulated exercises.   Early  in  his  service  years  the  military  issued
cigarettes in the form  of  C-Rations  and  allowed  smoking  in  Government
buildings.  Safety belt harnesses were not used as they  are  today  and  he
was exposed to materials such as the lead casings  that  were  used  in  the
maintenance of cables and asbestos.  The previous denial of his  application
does not mention his chronic obstructive lung disease, which is  a  separate
entity from his asthma.

In support of his request, applicant  provided  a  personal  statement,  his
CRSC denial letter, and  documentation  extracted  from  his  Department  of
Veterans Affairs (DVA)  medical  records.   His  complete  submission,  with
attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force  on  16
Nov 73.  He was progressively promoted to  the  grade  of  master  sergeant,
having assumed that grade effective and with a date of rank  of  1  Apr  92.
He served as a Telecommunications and  Distribution  Communications  Systems
technician. On 30 Nov 97,  he  voluntarily  retired  for  maximum  years  of
service.  He served 24 years and 15 days on active duty

Current Department of Veterans Affairs  (DVA)  records  reflect  a  combined
compensable rating of 100% for his unfitting conditions.

His CRSC application was disapproved on 21 Aug 03 based upon the  fact  that
his service-connected medical condition was determined  not  to  be  combat-
related or the direct result of duty performed under  conditions  simulating
war.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states his contention  that  his  chronic
obstructive pulmonary disease and asthma being two separate entities is  not
substantiated by DVA determinations.  Both  disabilities  are  combined  and
rated as asthma and are related to his heavy smoking.  He was  advised  from
15 Nov 78 through 20 Dec 95 to attend smoking cessation classes,  but  never
complied.  His lumbar spine disability started on 19 Feb 91 and  relates  to
low back pain due to heavy lifting at work, but he blames it on  not  having
back support belts as they have today.

The fact that a member may  have  incurred  a  medical  condition  during  a
period of war or while assigned to a location  performing  simulated  combat
exercises is not sufficient to support a  combat-related  determination.   A
review of his records failed to show a combat-related connection  for  these
conditions.  The preponderance of evidence  shows  normal  duties  performed
during the completion of his military responsibilities and do not appear  to
be presumptive.

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 16  Jan
04 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 there is no evidence in  the  applicant's  record  that  his  service
connected disabilities were incurred as a direct result of  armed  conflict,
while engaged in hazardous service, or as a result of an instrumentality  of
war.  The Medical Consultant Evaluation is at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy  of  the  additional  Air  Force  evaluation  was  forwarded  to  the
applicant on 19 Oct 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-
03283 in Executive Session on 14 Dec 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 25 Sep 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 5 Jan 04.
    Exhibit D.  Letter, SAF/MRBR, dated 16 Jan 04.
    Exhibit E.  Letter, BCMR Medical Consultant, dated 3 Aug 04.
    Exhibit F.  Letter, SAF/MRBC, dated 19 Oct 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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