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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