RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-03935
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, arteriosclerotic heart disease
and major depressive disorder, be assessed as combat related in order to
qualify for compensation under the Combat Related Special Compensation
(CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His duty assignment while stationed in Korea was in a combat training
situation. This assignment caused undue stress, which led to a heart
attack. His assignment required him to work modified shifts to cover for
inadequate manpower. While outprocessing for retirement he was not
provided a medical examination because of his hospitalization, therefore,
his medical condition may not be properly documented. His subsequent and
related illnesses have rendered him totally disabled.
In support of his request, applicant provided a personal statement. His
complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his initial enlistment in the Regular Air Force on 22
Apr 69. He was progressively promoted to the grade of master sergeant,
having assumed that grade effective and with a date of rank of 1 Jan 84.
He served as an Aerospace Propulsion Technician. He voluntary retired from
the Air Force on 30 Apr 89, having served 20 years and 9 days on active
duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states his service medical records
indicate he had his initial heart attack in Korea; however, prior medical
examinations show he had a trend of chest pains and nervous problems
associated with his everyday job and home pressures. Their assessment of
his records concluded his conditions failed to meet the criteria as having
been incurred under conditions simulating war, instrumentality of war,
actual combat, hazardous service, of other CRSC categories. The DPPD
evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant states he began experiencing chest pains and nervousness while
stationed in Korea, but a thorough medical examination performed by the
Army Hospital showed no discrepancies and he was returned to duty.
Approximately a week after returning to the daily stressors of his
assignment he had his initial heart attack. Although his symptoms began
while on duty in Korea, they were further exasperated by the assignment.
His complete response is at Exhibit E.
_________________________________________________________________
ADDITIONAL AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends denial. The Medical Consultant
states his coronary artery disease was not caused by war exercises while
stationed in Korea. The disease had been developing over several years
prior to his assignment and the manifestation as chest pain and heart
attack would have happened even if he had not been serving in Korea. He
manifested symptoms of anxiety and mood disorder for several years prior to
his assignment to Korea. His records do not show any significant worsening
of these symptoms in the period of time during and following his service in
Korea. DVA documentation indicated severe symptoms developed in 1997,
eight years after his retirement and 15 years after he was stationed in
Korea. Even if his symptoms of anxiety and depression had worsened during
his tour in Korea, there is no evidence that would support a specific and
direct causal relationship to military exercises simulating war. 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 10 Nov 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-
03935 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 18 Nov 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 18 Feb 04.
Exhibit D. Letter, SAF/MRBR, dated 27 Feb 04.
Exhibit E. Letter, Applicant, dated 4 Mar 04.
Exhibit F. Letter, BCMR Medical Consultant, dated 4 Nov 04.
Exhibit G. Letter, SAF/MRBC, dated 10 Nov 04.
THOMAS S. MARKIEWICZ
Chair
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