RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00324
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, hemorrhage of the brain,
dysarthia-drooling, loss of balance-dizziness, both knee conditions, back
strain, and hypertension, be assessed as combat related in order to qualify
for compensation under the Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His disabilities were incurred in combat training in preparation for
deployment to Vietnam.
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 9
Apr 63. He was progressively promoted to the grade of master sergeant,
having assumed that grade effective and with a date of rank of 1 May 81.
He served as a Personnel Technician and as a Security Specialist. He
voluntarily retired from the Air Force on 31 Dec 83. He served 20 years, 8
months, and 22 days on active duty.
Current Department of Veterans Affairs (DVA) records reflect a combined
compensable disability rating of 70% for his unfitting conditions.
His CRSC application was disapproved on 16 Dec 03 based upon the fact that
his DVA service-connected medical conditions were determined not to be
combat related.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states his records reflect he was
treated for back strain, left and right knee injuries, and hypertension,
although they are not considered to be the result of combat related acts,
instrumentality of war, or due to hazardous service. His hemorrhage of the
brain and dysarthia were determined to be secondary to hypertension. There
is no record of any particular back injury to consider as combat related,
just repetitive trauma for lumbosacral strain after bowling. He gives a
history to the DVA of multiple physical problems as stress related to his
previous job as a Casualty Assistant in the military. There is no record
of such complaints in his military records, although he complained of chest
pains in 1975. His examination was negative for any heart problems. He
was recommended to a low salt diet due to his obesity, which is one of the
attributes of hypertension. The fact that a member may have incurred a
medical condition while participating in combat training or simulating war
exercises or during actual combat is not sufficient to support a combat
related determination. Records must show a definite causal relationship
between the armed conflict and the medical conditions.
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.
_________________________________________________________________
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-
00324 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 27 Jan 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 7 May 04.
Exhibit D. Letter, SAF/MRBR, dated 21 May 04.
THOMAS S. MARKIEWICZ
Chair
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