RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03843
            INDEX CODE:  108.07
            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was a crash rescue firefighter in Japan in 1951.  A B-29 aircraft  making
an emergency landing crashed in  a  rice  paddy.   While  extinguishing  the
flames it blew up burning his eyes and face.  At the time  he  was  told  by
doctors that his heart had been injured.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant served in the Army Air Corps from 12 Apr  46  through  11 Feb  47.
He contracted his initial enlistment in the Regular Air Force on 6  Jan  71.
He was progressively promoted to the grade  of  technical  sergeant,  having
assumed that grade effective and with a date  of  rank  of  1  Dec  62.   He
served as a Fire Fighter throughout his career.  An MEB was convened  on  24
Nov 67 and referred his  case  to  an  Informal  Physical  Evaluation  Board
(IPEB) with a diagnosis of labile  hypertension,  hypercholerterolemia,  and
exogenous obesity.  On 4 Jan 68, the IPEB recommended that  he  be  returned
to duty.  The applicant did not concur with the recommended findings.  On  5
Feb 68, a Formal PEB found the  applicant  capable  of  worldwide  duty  and
directed that he be returned to duty.  He voluntarily retired from  the  Air
Force on 31 Mar 68.  He served 20 years, 10 months, and 20  days  on  active
duty.

On 14 Apr 04, his CRSC application was denied because none  of  his  service
connected medical conditions were determined to be combat related.

Documentation provided reflects  a  DVA  combined  rating  of  80%  for  his
service-connected medical  conditions.   He  is  receiving  100%  disability
benefits due to unemployability.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states in 1967 he was treated  for  chest
pains and he continued to have problems with elevated  blood  pressure.   It
was determined he had Labile Hypertension with no  medication  required.   A
PEB initiated to evaluate his disabilities determined that he  was  fit  for
duty.  It was disclosed during the PEB that he was  under  extreme  pressure
from family problems.  In addition he was drinking and smoking  heavily  and
advised to follow a healthier  diet.   The  fact  that  his  disability  was
incurred during his military career while completing his duties  as  a  fire
chief is not sufficient to support a combat  related  determination.   There
is no documentation that  his  condition  is  the  direct  result  of  armed
conflict,  hazardous  service,  or  instrumentality  of   war.    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 20  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 a review of his service medical records and personnel  records  finds
no documentation or references to the incident he states  caused  his  heart
disease.  He was treated for malaria in 1946 and 1948 and struck by a  train
in Tennessee while  driving  his  car  in  1950,  sustaining  head  injuries
including a concussion  and  facial  fracture.   In  February  1965  he  was
treated for first and second degree burns of his right  hand  and  face.  No
details of how these burns were incurred are  present  however  the  entries
clearly indicate  there  was  a  "third  party  liability"  involved,  which
indicates the burns were unrelated to a military accident.   He  experienced
chest pain off and on beginning in the 1950s, at that time  diagnosed  as  a
viral infection.  Towards the end of his career he was diagnosed  with  high
blood pressure and  high  cholesterol,  significant  risk  factors  for  the
development of atherosclerotic heart disease and heart  attacks.   There  is
no evidence in the record that his disabilities were incurred  as  a  direct
result of armed conflict, while engaged in hazardous service, while  engaged
in the performance of duties under conditions simulating war,  as  a  result
of instrumentality of war, or  other  qualifying  conditions.   The  Medical
Consultant evaluation is at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

Applicant states he was never struck by a train, but was injured  in  a  car
accident in 1950 before volunteering for a tour in Korea during  the  Korean
War, in 1965 he was burned while fighting a house fire, in 1955  he  was  on
board two aircraft that crashed landed, and  he  was  involved  in  removing
bodies and extinguishing fires in an  aircraft  accident  that  occurred  in
1951 or 1952.  He cannot say what caused his  heart  trouble  but  prior  to
1950 he had none.  His siblings are in good health and  his  family  has  no
history of heart trouble.  His complete response, is at Exhibit G.

_________________________________________________________________

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.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issues involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

_________________________________________________________________

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-
03843 in Executive Session on 23 Feb 05, 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 1 Nov 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 11 Feb 04.
    Exhibit D.  Letter, SAF/MRBR, dated 20 Feb 04.
    Exhibit E.  Letter, BCMR Medical Consultant, dated 2 Nov 04.
    Exhibit F.  Letter, SAF/MRBC, dated 3 Nov 04.
    Exhibit G.  Letter, Applicant, dated 22 Nov 04.
    Exhibit H.  Congressional Inquiry, dated 12 Oct 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair