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AF | BCMR | CY2005 | BC-2004-00970
Original file (BC-2004-00970.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00970
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  Not Indicated

MANDATORY CASE COMPLETION DATE:  26 Sep 05

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical conditions,  arteriosclerotic  heart  disease,
diabetes mellitus, paralysis of all radicular nerve  groups,  and  paralysis
of external popliteal nerve, be assessed  as  combat  related  in  order  to
qualify for compensation  under  the  Combat  Related  Special  Compensation
(CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Diabetes mellitus is a genetic disease that is triggered by stress or  diet.
 Both of these causes were present during the 15 months he was in  a  combat
situation on the Solomon Islands.  As a B-24 pilot he  was  under  continual
stress.  Flight meals for  the  10-12  hour  missions  consisted  of  water,
coffee, bread, cheese and a slab of pressed corn beef.  After  the  war  was
over he had especially hazardous flying duty in Europe.  He was assigned  in
Wiesbaden, Germany during the period when Europe  was  recovering  from  the
rubble of war and when the Russians were  demanding  more  territory.   More
hazardous duty was performed training in C-124 aircraft, in  which  he  flew
missions in support of military missions in Korea.

In  support  of  his  request,  applicant  provided  a  personal  statement,
documentation  extracted  from  his  medical   records   and   documentation
associated  with  his  CRSC  application.   His  complete  submission,  with
attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Army of the United States on 15 Apr  42.   He  was
discharged on 21 Apr 43 and appointed  a  second  lieutenant,  Army  of  the
United States, on 22 Apr 43.  He was appointed a captain, Air  Reserves,  on
18 Jun 47.  He  was  progressively  promoted  to  the  grade  of  lieutenant
colonel, having assumed that grade effective and with a date of  rank  of  2
Apr 63.  On 28 Feb 66, he voluntarily retired  for  years  of  service.   He
served 23 years, 10 months, and 16 days on active duty

Current Department of Veterans Affairs  (DVA)  records  reflect  a  combined
compensable rating of 100% for his unfitting conditions.

His CRSC application was disapproved on 17 Feb 04 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
records does not show that his conditions are combat  related.   Records  do
not show, while in service, a combat related event or events that  were  the
direct cause of his disabilities.  Although stress  can  be  a  contributing
factor to heart disease, heart disease cannot be approved as combat  related
based on stress alone as it  is  difficult  to  objectively  determine  this
factor as the definitive cause of his conditions.   For  heart  disease  and
paralysis of the nerves to qualify for  CRSC,  they  must  be  secondary  to
Agent Orange contracted diabetes or  presumptive  to  POW  internment.   For
diabetes mellitus to qualify for CRSC, it must be  specifically  granted  by
the DVA as presumptive to Agent Orange.

The DPPD evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states his disabilities were present in various stages during  his
24 years of service.   Data  is  present  in  his  records  documenting  the
various  items  requiring  medical  care.   His   disabilities   have   been
classified  as  service  connected  by  the  DVA.   The  disabilities   were
occurring during his 15 months in a combat zone during World War  II.   They
also occurred during his  years  of  hazardous  duty  in  occupied  Germany,
during the Berlin Airlift, and during his flying  over  the  Pacific  during
the Korean War.  He was  granted  100%  by  the  DVA  based  on  information
contained in his service records  and  the  comments  made  by  his  private
physicians.  His complete response is at Exhibit E.

_________________________________________________________________

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-
00970 in Executive Session on 25 Apr 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 11 Mar 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 21 Jun 04.
    Exhibit D.  Letter, SAF/MRBR, dated 1 Jul 04.
    Exhibit E.  Letter, Applicant, dated 20 Jul 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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