RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00323
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 7 AUG 05
_________________________________________________________________
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:
His heart attack occurred while attending Survival School at Tyndall AFB,
FL, which was conducted under simulated combat conditions. He has seven
siblings who do not have heart problems so it is apparent his heart attack
was a result of duties while attending survival school while on active
duty.
In support of his request, applicant provided a personal statement,
documentation extracted from his military records, documentation extracted
from his Department of Veterans' Affairs records, and a copy of his
identification card. His complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant's military personnel records cannot be located. Data extracted
from the reconstructed record and information provided by the applicant
reflects that he was placed on the Temporary Disability Retired List with a
diagnosis of arteriosclerotic heart disease rated at 60%. On 5 Apr 72, the
USAF Physical Evaluation Board directed that his name be placed on the
Permanent Disability Retired List (PDRL) effective 26 Apr 02 with a
disability rating of 60%. He was retired on that date in the grade of
lieutenant colonel. He served 24 years, 2 months, and 29 days on active
duty.
Current DVA records reflect a combined compensable rating of 60% for his
unfitting conditions, with entitlement to individual unemployability.
His CRSC application was disapproved on 29 Oct 03 based upon the fact that
his service-connected medical condition was determined not to be combat-
related.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states his service medical record, DVA
records and personnel records show his arteriosclerotic heart disease is
not combat related. For arteriosclerotic heart disease to qualify for
CRSC, it must be secondary to Agent Orange contracted diabetes or
presumptive to POW internment and so stated in the rating decision.
The DPPD evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant states all life support/survival schools are conducted under
simulated combat conditions. While parasailing on the last day of the
course he was dropped into the Gulf and had to swim to a dingy, retrieve
the parasail, and paddle back to shore. That strain caused his heart
attack. He was subsequently placed on the TDRL and retired with a
disability. His complete response is at Exhibit E.
_________________________________________________________________
ADDITIONAL AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends denial. The Medical Consultant
states the preponderance of the medical evidence indicates that he suffered
a myocardial infarction on 12 Apr 70 after he returned to his home base and
not during the period of training. He experienced a period of pain in the
chest and ribs during training in a pattern different than the day of his
myocardial infarction that was not typical of arteriosclerotic ischemic
heart disease. The majority of time during his course would not be
considered hazardous service except for the short period of time he was on
a helicopter after retrieval from a raft and the short period of time
parasailing. The applicant contends the course was conducted under
conditions simulating war and would qualify for CRSC on that basis;
however, discussion with currently retired Air Force aviators required to
attend this course during the 1970s did not recall simulation of combat as
a part of the course. This fact is also confirmed by senior flight
surgeons. He experienced a myocardial infarction approximately 2 days
after returning from life support training. Maycardial infarction, the
necrosis (death) of heart muscle resulting in insufficient blood flow. The
development of arteriosclerotic blockage of the coronary arteries takes
years and was present before he attended life support training. Life
support training did not cause his underlying arteriosclerotic coronary
artery disease. Although occurring during training, evidence does not
clearly establish a direct link to specific activities. Although his
training preceded the onset of the acute heart attack, heart attack is an
expected consequence of the natural progression of atherosclerotic coronary
artery disease that was established in the applicant prior to the training
and would have occurred regardless of the period of training.
The Medical Consultant evaluation is at Exhibit F.
_________________________________________________________________
APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:
Applicant responded that he did not have arteriosclerotisis prior to
attending life support training or he would have been removed from flight
status. He did not return to his home base until after having a heart
attack while attending life support training. He was removed from flight
status and forced to retire. He reiterates that life support schools are
conducted under conditions simulating war and his heart attack was the
direct result of stress at life support school.
His complete response is at Exhibit H.
_________________________________________________________________
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.
_________________________________________________________________
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-
00323 in Executive Session on 1 Jun 05, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Christopher Carey, Member
Mr. James W. Russell III, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 29 Jan 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 17 Jun 04.
Exhibit D. Letter, SAF/MRBR, dated 25 Jun 04.
Exhibit E. Letter, Applicant, not dated.
Exhibit F. Letter, BCMR Medical Consultant, dated 6 Apr 05.
Exhibit G. Letter, SAF/MRBC, dated 7 Apr 05.
Exhibit H. Letter, Applicant, not dated.
Exhibit I. Congressional Inquiry, w/atchs.
THOMAS S. MARKIEWICZ
Chair
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