RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-04134
            INDEX CODE:  108.07
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected lung disease 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:

While assigned as a B-57 pilot he was equipped with a partial pressure  suit
for extreme pressure altitudes.  Personal oxygen packs  were  tuned  to  the
physical needs of individual crewmembers.  He was placed in a  special  high
altitude chamber for the purpose of diagnostic and corrective adjustment  at
an altitude of 65,000 feet for  a  minimum  of  15  minutes  with  his  suit
inflated.  Due to a  flightline  emergency,  the  altitude  chamber  medical
officer and observer  were  directed  to  rapidly  terminate  his  test  and
proceed to the flightline.  They were unable to  depart  until  the  chamber
altitude was brought back  to  ground  level.   In  order  to  expedite  the
descent he was placed into an explosive decompression condition,  which  was
terminated at approximately 45,000 feet due to  an  unusual  feeling  behind
his sternum and a dry cough.  Exiting the  chamber  he  was  rushed  to  the
hospital and admitted for observation.  He was subsequently assigned to a B-
52 and during that period he experienced five cases of pneumonia leading  to
an in-flight respiratory emergency.   Medical  evaluation  resulted  in  the
discovery of a cancerous tumor, which led  to  removal  of  two  right  lung
lobes.  Discussions with medical  personnel  suggest  the  rupture  occurred
during the above incident, which started  the  formation  of  the  cancerous
tumor.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant, having served as an enlisted  member  in  the  Navy  Reserve  and
Regular Air Force was appointed a second  lieutenant,  Reserve  of  the  Air
Force and voluntarily ordered to extended active duty on 4 Aug 50.   He  was
progressively promoted to the temporary grade  of  colonel,  having  assumed
that grade effective 1 Oct 70 and with a date of  rank  of  1  Jan  71.   He
served as a pilot of B-47 and B-52 aircraft.  He  voluntarily  retired  from
the Air Force on 1 Jul 73, having served 30 years, 3 months, and 23 days  on
active duty.

Current Department of Veterans Affairs (DVA) records reflect  a  compensable
disability rating of 100% for chronic obstructive  pulmonary  disorder,  20%
for invertebral disc syndrome, 60% for arteriosclerotic heart  disease,  and
10% for diabetes mellitus.

His CRSC application was disapproved on 6 Oct 03, but subsequently  approved
for his diabetes mellitus (Agent Orange presumptive).

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states his records show  he  was  treated
for pulmonary problems although his disability is not the result  of  combat
related acts, instrumentality of war, or due to hazardous service.   He  had
a Physical Evaluation Board hearing for  lobectomy  and  its  findings  were
that he was fit for duty including flying at the  time.   It  also  did  not
reveal that his disabilities were incurred in time of war nor did  it  state
that they were  the  direct  result  of  armed  conflict  or  caused  by  an
instrumentality of war.  There is no record of any  particular  injury  that
could account for the onset of his claimed disability.  His claim  that  the
ruptured lung was the cause of his cancer is  not  medically  feasible.   He
smoked a pack of cigarettes  per  day  prior  to  quitting  in  1962,  which
according to board physicians was most likely the  probable  cause  for  his
lung cancer and not the rupture as he claims.

The DPPD evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states the position of Wing Director  of  Maintenance  Engineering
was a non-flying slot prior to his arrival in Southeast  Asia,  which  seems
to refute the argument that completion of the normal tour  was  routine  and
does not show a direct  correlation  of  combat  participation.   The  QU-22
aircraft was  a  small  unpressurized  Cessna  adapted  to  the  mission  of
carrying to a high altitude,  electronics  utilized  by  Task  Force  Alpha.
This gives credence to  a  recommendation  that  his  obstructive  pulmonary
disease was a result of armed conflict to the  extent  that  disease  latent
time and hazardous service both were instrumental in the progression of  the
disability.  In support of  his  response,  applicant  provided  a  personal
statement  and  documentation  extracted  from  his  flight  records.    His
complete response, with attachments, is at Exhibit F.

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ADDITIONAL AIR FORCE EVALUATION:

The BCMR Medical  Consultant  recommends  denial.   The  Medical  Consultant
states he experienced mild symptoms of cough and chest discomfort during  an
altitude chamber flight in December  1959  that  resolved  over  10  minutes
without sequelae.  There is no  relationship  of  this  incident  or  flying
duties to the subsequent diagnosis of his lung tumor.  The chronic  scarring
in the operative site was due solely to the residuals of surgery and had  no
relationship to aerial flight.

The Medical Consultant Evaluation is at Exhibit G.

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 H.

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APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

Applicant states the  pathology  report  referred  to  describes  the  tumor
sample and cancer diagnosis as Bronchial Adenoma.  He has  been  in  contact
with the Scott AFB Tumor Registry and never  before  has  he  been  informed
that his tumor was benign.  He believes this statement  is  incorrect.   The
pathology report clearly states  the  tumor  was  malignant.   His  complete
response, with attachment, is at Exhibit J.

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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-
04134 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 8 Dec 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 26 Feb 04.
    Exhibit D.  Letter, SAF/MRBR, dated 12 Mar 04.
    Exhibit E.  Letter, Applicant, dated 8 Jun 04, w/atchs.
    Exhibit G.  Letter, BCMR Medical Consultant, dated 17 May 04.
    Exhibit H.  Letter, ODUSD(MPP)/Comp, not dated.
    Exhibit I.  Letter, SAF/MRBC, dated 2 Sep 04.
    Exhibit J.  Letter, Applicant, dated 6 Sep 04, w/atch.




                                   THOMAS S. MARKIEWICZ
                                   Chair