RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00056
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical condition, paroxysmal supraventricular
tachycardia, be assessed as combat related in order to qualify for
compensation under the Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
During World War II he served in the Navy as an aviation radioman and an
aerial gunner. He participated in three major operations and was awarded
three Air Medals. Later he operated against the Communists and stopped
"Victor" alert with nuclear weapons.
In support of his request applicant provided a personal statement,
documentation associated with his CRSC determination, and documentation
associated with his Air Medals. His complete submission, with attachments,
is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Navy on 27 Mar 43 and served as an aviation
radioman until 18 Feb 48. He enlisted in the Regular Air Force on 19 Feb
48 and was discharged on 24 Feb 49 in order to accept a commission. He was
appointed a second lieutenant, Reserve of the Air Force, on 25 Feb 49. He
was progressively promoted to the grade of lieutenant colonel, having
assumed that grade effective and with a date of rank of 23 Feb 66. He
served as a command pilot and voluntarily retired from the Air Force on
31 Aug 69. He served 24 years, 7 months, and 2 days on active duty.
His CRSC application was disapproved on 7 Nov 03 based on the fact that his
service-connected heart condition was determined not to be combat related.
Current DVA records reflect a rating of 60% for his service-connected
medical condition.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states to qualify for CRSC the military
records must show a combat-related event, while in service, which caused
his medical disability. He had an episode of rapid heart action while
refueling in an F-4. A Medical Evaluation Board was initiated on 16 Mar 68
to determine his flying status. He was diagnosed with palpitation and
pounding heart, intermittently. He indicated that he had it since age 25,
but no clinical evidence of heart disease was noted. He was disqualified
for flying duty and accelerated his retirement date to 1 Sep 69. The fact
that a member may have incurred a medical condition during a period of war
or while participating in combat operations/training exercises is not
sufficient to support a combat-related determination. 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 21 May
04 for review and comment within 30 days. As of this date, this office has
received no response.
_________________________________________________________________
ADDITIONAL AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends denial. The Medical Consultant
states there is no evidence or medical principle upon which to conclude the
applicant's paroxysmal supraventricular tachycardia was directly caused by
combat, hazardous service, performance of duties under conditions
simulating war, through an instrumentality of war, or qualifying exposures.
The Medical Consultant evaluation is at Exhibit E.
_________________________________________________________________
APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 1 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
condition the applicant believe 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.
_________________________________________________________________
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-2004-
00056 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 30 Dec 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 9 May 04.
Exhibit D. Letter, SAF/MRBR, dated 21 May 04.
Exhibit E. Letter, BCMR Medical Consultant, dated 26 Oct 04.
Exhibit F. Letter, SAF/MRBC, dated 1 Nov 04.
THOMAS S. MARKIEWICZ
Chair
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