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AF | BCMR | CY2004 | BC-2003-03542
Original file (BC-2003-03542.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03542
            INDEX CODE:  108.07
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical  condition,  atherosclerotic  coronary  artery
disease, be assessed as combat related in order to qualify for  compensation
under the Combat Related Special Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His heart disease began during combat missions in Vietnam.

In  support  of  his  request,  applicant  provided  a  personal  statement,
documentation associated with  his  Department  of  Veterans  Affairs  (DVA)
ratings decision, separation documents, excerpts from his  Officer  Military
Record,  and  a  physician's  statement.   His  complete  submission,   with
attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was appointed a second lieutenant, Reserve of the Air Force on  28
Sep 57 and was voluntarily ordered to extended  active  duty  on  that  same
date.  He was progressively promoted to the  grade  of  lieutenant  colonel,
having assumed that grade effective and with a date of rank of  20  Jun  73.
He served as a pilot, primarily aboard B-52 aircraft.   He  participated  in
the Vietnam air offensive campaign from 29 Jun 66  through  8  Mar  67.   On
30 Sep 77, he voluntarily retired for years of service.  He served 20  years
and 3 days on active duty

Current Department of Veterans Affairs  (DVA)  records  reflect  a  combined
compensable rating of 60%  for  his  unfitting  conditions,  which  includes
coronary artery disease with cardiomegaly and mild aortic  ectasia,  Vietnam
era incurred at 60%.

His CRSC application was disapproved on 11 Jul 03 based upon the  fact  that
his service-connected medical condition was determined  not  to  be  combat-
related.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states he was treated for chest pains  in
1973 and had continuous heart problems with  treatment  including  a  thirty
percent stenosis in November 1975.  He contends his condition  began  during
his combat missions in Vietnam and he has had stabbing chest  pains  through
out his military career in the 70's.  His physician states, "I  believe  the
extreme stress of his combat service caused his chest pains and that it  was
a major contributor to his coronary disease."  Job  related  stress  is  not
unique to the military; therefore his condition is not  eligible  for  CRSC.
The fact that his condition was incurred during his  military  career  while
completing his assignments as a pilot is not sufficient to support a combat-
related determination.  There must be a direct causal  relationship  between
the combat missions and the injury itself.

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 27  Feb
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  record  that  his  service  connected
disabilities were incurred as a  direct  result  of  armed  conflict,  while
engaged in hazardous service, while engaged in performance of  duties  under
conditions simulating war, or as a result  of  an  instrumentality  of  war.
Psychological factors, including chronic work stress may contribute  to  the
development of atherosclerotic coronary artery disease, however, acute  time
limited  psychological  stress  is  not  a  direct  risk  factor   for   the
development or atherosclerotic coronary  artery  disease.   His  gender,  15
years of  cigarette  smoking,  elevated  triglycerides,  and  strong  family
history of coronary disease, were very strong, sustained  risk  factors  for
the development of his heart disease.  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-
03542 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 16 Oct 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 23 Jan 04.
    Exhibit D.  Letter, SAF/MRBR, dated 27 Feb 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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