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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