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AF | BCMR | CY2005 | BC-2004-00975
Original file (BC-2004-00975.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00975
            INDEX CODE:  108.07
            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His  service-connected  medical  condition,  hypertension,  be  assessed  as
combat related in  order  to  qualify  for  compensation  under  the  Combat
Related Special Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Applicant makes no contentions with respect to his hypertension.

In support of his request, applicant provided  documentation  pertaining  to
his CRSC  denial  and  his  Department  of  Veterans  Affairs  (DVA)  rating
decision.  His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Air National Guard on 27  Mar  53  and  contracted
his initial enlistment in the Regular  Air  Force  on  29 Jan  54.   He  was
progressively promoted to  the  grade  of  senior  master  sergeant,  having
assumed that grade effective and with a date  of  rank  of  1  Sep  73.   He
served as an Avionics Technician.  He voluntary retired from the  Air  Force
on 30 Nov 77, having served 30 years and 5 days on active duty.

Current Department of Veterans Affairs (DVA) records reflect  a  compensable
rating of 10% for his unfitting condition.

His CRSC application was disapproved on 11 Mar 04 based upon the  fact  that
his service-connected medical conditions were determined not to  be  combat-
related.  On 18 Jun 04, applicant's  submission  was  reconsidered  and  his
malignant growth genitourinary,  Agent  Orange  presumptive,  was  approved,
rated at 60%.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states the  applicant's  hypertension  is
not combat related.  For  hypertension  to  qualify  for  CRSC  it  must  be
secondary  to  Agent  Orange  contracted  diabetes  of  presumptive  of  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  1  Jul
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
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 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 issues 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-
00975 in Executive Session on 6 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 22 Mar 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 22 Jun 04.
    Exhibit D.  Letter, SAF/MRBR, dated 1 Jul 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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