RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00504
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, back strain, condition of the
skeletal system, arteriosclerotic heart disease, and hiatal hernia, be
assessed as combat related in order to qualify for compensation under the
Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was receiving hazardous duty pay the entire time he was on active duty.
All of his service-connected disabilities are combat related. His diabetes
caused his heart disease.
In support of his request applicant provided documentation extracted from
his medical records. His complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his initial enlistment in the Regular Air Force on 25
Feb 55. He was progressively promoted to the grade of master sergeant,
having assumed that grade effective and with a date of rank of 1 Mar 75.
He voluntarily retired from the Air Force on 31 Jan 80 after serving 23
years, 6 months, and 17 days, on active duty.
His CRSC application was disapproved on 2 Jan 04 based upon the fact that
the conditions were determined not to be combat related.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states a review of his service medical
records shows his service-connected medical conditions are not combat
related. For arteriosclerotic heart disease/hypertension to be approved,
it must be secondary to Agent Orange contracted diabetes. He was treated
for hypertension as early as 1976, prior to the diagnosis of diabetes
mellitus. He claimed he incurred his back strain loading aircraft.
Loading or lifting heavy objects is not considered to be a combat related
activity. The condition of the skeletal system (right hand) is disapproved
based on the fact that injuries sustained while working on a piece of
equipment are not eligible for CRSC. For hiatal hernia to qualify for
CRSC, it must be secondary to POW internment and so stated in the rating
decision. 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 25 Jun
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.
4. The applicant's case is adequately documented and it has not been shown
that a personal appearance with or without counsel will materially add to
our understanding of the issue involved. Therefore, the request for a
hearing is not favorably considered.
_________________________________________________________________
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-
00504 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 9 Feb 04.
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.
THOMAS S. MARKIEWICZ
Chair
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