RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03763
            INDEX CODE:  108.07
            COUNSEL:  NONE

            HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His service-connected medical conditions, varicose  veins,  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:

The Department of Veterans Affairs (DVA)  has  determined  that  his  venous
insufficiency was caused by aerial flight, which is one of the criteria  for
Hazardous Service under CRSC program guidance.  His  long  aircrew  missions
aboard  B-52,  C-124,  and  C-141  aircraft  contributed   to   his   venous
insufficiency.

In  support  of  his  request,  applicant  provided  a  personal  statement,
documentation associated with denial of his request for  CRSC  benefits  and
flight certificates.  His  complete  submission,  with  attachments,  is  at
Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 28 Feb 55 and was  discharged
on 12 Jun 56 in order to accept a commission.  He  was  appointed  a  second
lieutenant, Air Force Reserve, on 13 Jun 56.  He served as a pilot flying  a
variety of military aircraft.  He was progressively promoted  to  the  grade
of major, having assumed that grade effective and with a date of rank of  24
Jan 69.  He voluntarily retired from the Air Force  on  1  Jul  77,  in  the
grade of lieutenant colonel.  He served 20  years  and  15  days  on  active
duty.

His CRSC application was approved on 2 Sep 03.   He  was  awarded  CRSC  for
malignant growth, residuals  of  cold  injury,  peripheral  neuropathy,  and
stress incontinence of bowel.  His request  for  combat-related  status  for
his venous insufficiency was denied.  His approval notification was  amended
to include bilateral hearing loss for a total CRSC disability of 80%.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states there is no documentation  in  his
records to show any problems with swelling of  the  legs  or  treatment  for
venous insufficiency.  He retired in June 1977 and his edema was  not  noted
until October 1992 following  knee  surgery.   In  July  2000,  his  private
physician reports that it is his opinion that the venous  insufficiency  and
edema problems are related to his prolonged sitting  and  confined  quarters
during his  career  as  a  pilot  in  the  service.   The  DVA  granted  the
disability as service-connected due to reasonable  doubt  in  favor  of  the
veteran.  His  records  do  not  substantiate  eligibility  for  CRSC.   The
preponderance of evidence made  available  appears  to  show  normal  duties
performed during the completion of his military responsibilities as a  Pilot
and Air Operations Officer.  Even though the DVA conceded his disability  as
service-connected, there is no clear connection  between  the  incidence  of
his venous insufficiency and his flying duties,  especially  with  over  ten
years between military duties and the beginning of his condition.  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 13  Feb
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 the service  medical  record  shows  no  evidence  that  he  incurred
chronic venous insufficiency while  engaged  in  aerial  flight.   Over  ten
years after retiring from the Air Force he was shown to  have  leg  swelling
due to chronic venous insufficiency.  Chronic venous  insufficiency  results
from the loss of function of the valves in the leg veins  that  prevent  the
back flow of  blood.   Work  posture  and  occupation  are  among  the  most
controversial  pre-disposing  factors  associated   with   venous   disease.
Medical literature shows studies indicating  that  prolonged  standing,  not
prolonged  sitting  is  associated  with   chronic   venous   insufficiency.
Prolonged sitting in aircraft  is  associated  with  an  increased  risk  of
developing blood clots in the veins of the legs,  typically  in  individuals
with other risk factors.  The preponderance of evidence does not  support  a
conclusion  that  he  incurred  his  chronic  venous   insufficiency   while
performing aerial flight, nor that the  condition  is  a  direct  result  of
those duties.  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
condition the applicant believes is combat-related was 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, does  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-
03763 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 4 Nov 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 4 Feb 04.
    Exhibit D.  Letter, SAF/MRBR, dated 13 Feb 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