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AF | BCMR | CY2005 | BC-2003-03935
Original file (BC-2003-03935.DOC) Auto-classification: Denied

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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