RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03573
            INDEX CODE:  108.07
            COUNSEL:  American Legion

            HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His service-connected  medical  conditions,  chronic  obstructive  pulmonary
disease, duodenal ulcer, spinal disc condition, residuals of right and  left
foot injury, limited motion in cervical spine, varicose veins of  right  and
left legs, coronary artery  disease,  incompetent  anal  sphincter,  chronic
laryngitis, hearing loss, mononucleosis, and diabetes mellitus, 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:

Most of his injuries/illnesses happened because of training exercises.   His
complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant served a tour of duty in the Navy and in the  Air  National  Guard
prior to contracting his initial enlistment in the Regular Air  Force  on  7
May 84.  He was progressively promoted to  the  grade  of  master  sergeant,
having assumed that grade effective and with a date of rank  of  2  May  92.
During his tour  on  active  duty  he  served  as  an  Inventory  Management
Specialist and a Traffic Manager.  He voluntarily retired on 1 Apr  00.   He
served 20 years and 4 days on active duty.

His CRSC application was disapproved on 7 Oct 03 based upon  the  fact  that
although his DVA service-connected medical conditions met the mandatory  60%
rating, his conditions were determined to be non-combat related
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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states his  records  do  reflect  he  was
treated  for  the  listed  disabilities,  although  his   disabilities   are
determined to be non-combat  related.   His  chronic  obstructive  pulmonary
disease with interstitial fibrosis of the lungs is  determined  to  be  non-
combat related.  He claims he worked across the street from the  flight-line
breathing jet fumes and that he worked in all types of  weather.   According
to his records he smoked since 1964.  His duodenal ulcer is also  considered
non-combat related; he alleges he was a worrier, worrying all  the  time  of
completing the mission and stressing himself out.  He  claims  his  coronary
artery disease with hypertension was due to stress in trying to do the  very
best job he could causing his blood pressure to go up.   Since  job  related
stress is not considered unique  to  the  military,  his  condition  is  not
eligible for CRSC.  His degenerative disc disease of  lumbar  spine  and  of
the cervical spine was the result of accidentally  hitting  his  head  on  a
floor joist jamming his spine at the same time.  He  also  alleged  his  low
back pain began when he was jumping off airplanes or  trucks.   Injuries  by
either falling/jumping off or working on a military deice where  the  injury
was not caused by the device itself, but instead error/misjudgment  are  not
considered to be eligible for CRSC.  There  is  no  documentation  that  his
bone spurs on his right and left feet and his varicose veins for  tight  and
left legs are the direct result of  armed  conflict,  hazardous  service  of
instrumentality of war, rather  than  normal  "wear  and  tear"  from  other
routine  causes.   Since  the  impairment  of  anal  sphincter  control   is
secondary to the non-combat  related  hemorrhoids,  it  also  would  not  be
combat related.  There is no documentation that his  laryngitis  was  caused
by any combat related act or of  tinnitus  or  hearing  loss  occurrence  on
active duty.  Mononucleosis is rated at zero percent  and  diabetes  is  not
rated by the DVA.

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 23  Jan
04 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 his record does not indicate he participated in combat  or  hazardous
duties.  There is no evidence that directly links any  of  his  disabilities
to participation in conditions that simulated war and there is  no  evidence
that he was directly injured leading to disability by an instrumentality  of
war.  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.

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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.

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The following members of the Board considered AFBCMR Docket Number  BC-2003-
03573 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 15 Oct 03.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 12 Jan 04.
    Exhibit D.  Letter, SAF/MRBR, dated 23 Jan 04.
    Exhibit E.  Letter, BCMR Medical Consultant, dated 1 Mar 04.
    Exhibit F.  Letter, ODUSD(MPP)/Comp, dated 21 Jul 04.
    Exhibit G.  Letter, SAF/MRBC, dated 30 Jul 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair