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AF | BCMR | CY2005 | BC-2004-00250
Original file (BC-2004-00250.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00250
            INDEX CODE:  108.07
            COUNSEL:  NONE

            HEARING DESIRED:  Not Indicated

Mandatory Case Completion Date:  30 Jul 05

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical conditions, hypertensive heart  disease,  knee
prosthesis, degenerative arthritis, and traumatic arthritis, be assessed  as
combat related in  order  to  qualify  for  compensation  under  the  Combat
Related Special Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He served as a combat crew gunner on bomber aircraft for 28 of the 31  years
he served in the Air Force.  He flew in 104 combat missions.   On  his  last
mission he experienced pain in his right  knee  entering  the  aircraft  and
reported to the flight surgeon.  That ended his career flying as  a  gunner.
He believes his hypertensive heart disease is due to the  high  stress  jobs
combined with the 104 combat missions and that his condition should  qualify
for CRSC.

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:

After serving in the Army of the United states, the Enlisted Reserve  Corps,
and the Regular Army, the applicant contracted  his  initial  enlistment  in
the Regular Air Force on 20 May 49.  He was progressively  promoted  to  the
grade of senior master sergeant, having assumed  that  grade  effective  and
with a date of rank of 1 Jul 73.

An MEB was convened on 14 Aug 72, and  referred  his  case  to  an  Informal
Physical Evaluation Board (IPEB)  with  a  diagnosis  of  mild  degenerative
joint disease of both knees and hypertension.  On 22 Aug 72, the IPEB  found
him fit for further military service and recommended that he be returned  to
service.   The  applicant  agreed  with   the   findings   and   recommended
disposition of the IPEB and was returned to duty on 25 Aug 72.

He voluntary retired from the Air Force on  31  Mar  74,  having  served  31
years, 6 months, and 3 days on active duty.

Available Department of Veterans Affairs (DVA) records  reflect  a  combined
compensable rating of 90% for his unfitting conditions.

His CRSC application was disapproved on 30 Dec 03 based upon the  fact  that
his service-connected medical conditions were determined not to  be  combat-
related.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states a review of his  service  and  DVA
medical records failed to show combat related injuries leading to his  knee,
shoulder, and ankle problems.  His records contain an entry referring  to  a
"direct blow injury" but no evidence can be found that indicates  the  cause
of the injury.  A Standard Form 507, Clinical Record, dated 3 Jul 90  states
"right knee problem beginning when a big  door  on  a  hanger  blew  and  he
crashed into the concrete with his right knee..." but  no  evidence  can  be
found in his records to substantiate the claim.  Another entry refers  to  a
"severe sprain" that occurred in 1941, prior to his military  service,  that
is ineligible for CRSC.  The remaining documentation  indicates  no  history
of trauma to the subject areas of his body.

Although stress can be a contributing factor to hypertensive heart  disease,
the condition cannot be approved as combat related based  on  stress  alone,
as it is difficult to objectively determine stress as the  definitive  cause
of the disability.  For hypertensive heart disease to qualify for  CRSC,  it
must be secondary to Agent Orange contracted  diabetes  or  POW  internment.
In addition, there is no evidence to connect his hypertensive heart  disease
to his duties as an aerial gunner.

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  7  Feb
05 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 opinion  and  recommendation  of  the
Air Force office of primary responsibility and adopt its  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-
00250 in Executive Session on 6 Apr 05, under  the  provisions  of  AFI  36-
2603:

      Mr. Thomas S. Markiewicz, Chair
      Mr. James W. Russell III, Member
      Mr. Christopher Carey, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 21 Jan 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 26 Jan 05.
    Exhibit D.  Letter, SAF/MRBR, dated 4 Feb 05.
    Exhibit E.  Letter, SAF/MRBC, dated 16 Dec 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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