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AF | BCMR | CY2005 | BC-2004-00323
Original file (BC-2004-00323.DOC) Auto-classification: Denied

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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