RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-01072
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: Not Indicated
Mandatory Case Completion Date: 3 Oct 05
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical condition, arteriosclerotic heart disease, be
assessed as combat related in order to qualify for compensation under the
Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Applicant contends his heart disease occurred while traveling to Patrick
AFB, FL to check on surplus supplies. He had chest pain on the return trip
and had to be taken to the hospital. He served in Iceland and served at
the Battle of the Bulge. He then served in England, Alaska, Newfoundland,
and at Guam where he suffered another heart attack.
In support of his request, applicant provided documentation associated with
his CRSC application and documentation extracted from his military and
Department of Veterans Affairs (DVA) medical records. His complete
submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant served in the Regular Army from 14 Mar 40 through 28 Jul 50. He
contracted his initial enlistment in the Regular Air Force on 29 Jul 50.
He was progressively promoted to the grade of senior master sergeant,
having assumed that grade effective and with a date of rank of 1 Apr 66.
He served as a Supply Manager.
On 14 Feb 68, a Physical Evaluation Board (PEB) found the applicant unfit
for duty with a diagnosis of arteriosclerotic heart disease. The PEB found
his condition was not the direct result of armed conflict and not caused by
an instrumentality of war or incurred during a period of war. The PEB
recommended he be permanently retired with a compensable percentage of 80%.
He was retired on 22 Mar 68, having served 27 years, 7 months, and 12 days
on active duty.
His CRSC application was disapproved on 24 Mar 04 based upon the fact that
his service-connected medical condition was determined not to be combat-
related.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states in order for arteriosclerotic
heart disease to qualify for CRSC it must be secondary to Agent Orange
contracted diabetes or presumptive to POW internment and so stated in the
DVA rating decision.
The DPPD evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant's spouse responded to the evaluation and states the applicant
suffered five heart attacks prior to his retirement and was diagnosed with
diabetes after the second. The stress and separation from his family,
going from extreme hot to extreme cold conditions took a toll on his
health. Because he had no family to care for his children in case she
became ill, he was terribly worried about the children.
Her 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
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.
_________________________________________________________________
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-
01072 in Executive Session on 6 Apr 05, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Mr. James W. Russell III, Member
Mr. Christopher Carey, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 27 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 25 Jun 04.
Exhibit E. Letter, Applicant, dated 29 Jun 04.
THOMAS S. MARKIEWICZ
Chair
AF | BCMR | CY2005 | BC-2004-00504
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...
AF | BCMR | CY2005 | BC-2004-01883
DPPD states a review of his service and DVA medical records show his service connected conditions are not combat related. 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,...
AF | BCMR | CY2005 | BC-2004-01624
Available DVA records reflect a combined compensable rating of 100% for his unfitting conditions. DPPD states a review of his service and DVA medical records show his arteriosclerotic heart disease is not combat related. 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.
AF | BCMR | CY2005 | BC-2004-00970
In support of his request, applicant provided a personal statement, documentation extracted from his medical records and documentation associated with his CRSC application. DPPD states a review of his service and DVA records does not show that his conditions are combat related. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice;...
AF | BCMR | CY2005 | BC-2004-02547
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-02547 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 20 Feb 06 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical condition, arteriosclerotic heart disease, dermatophytosis, flat foot condition, and residuals of cold injury (both feet), be assessed as combat related in...
AF | BCMR | CY2006 | BC-2005-00321
_________________________________________________________________ APPLICANT CONTENDS THAT: His arteriosclerotic heart disease is a direct result of his diabetes caused by exposure to Agent Orange. His records reveals a medical examination, dated 8 Jul 02, which indicates his heart condition is secondary to his hypertension. His health problems relate directly to his diabetes.
AF | BCMR | CY2005 | BC-2005-00390
_________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPD recommends denial. However, evidence has not been provided which would show that any of his conditions were awarded service-connection based on presumption of radiation exposure as required for a combat-related determination. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the...
AF | BCMR | CY2005 | BC-2004-01130
On 5 Sep 86, the Formal PEB (FPEB) found him unfit for duty with a diagnosis of coronary artery disease and hypercalciuric nephrolithiasis and recommended he be placed on the TDRL with a compensable percentage of 100%. There is little doubt his service connected medical conditions occurred while in service performing duties related to his Air Force specialty. The DPPD evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR...
AF | BCMR | CY2005 | BC-2004-00323
DPPD states his service medical record, DVA records and personnel records show his arteriosclerotic heart disease is not combat related. Although his training preceded the onset of the acute heart attack, heart attack is an expected consequence of the natural progression of atherosclerotic coronary artery disease that was established in the applicant prior to the training and would have occurred regardless of the period of training. The Medical Consultant evaluation is at Exhibit...
AF | BCMR | CY2005 | BC-2003-03843
_________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: The BCMR Medical Consultant recommends denial. The Medical Consultant states a review of his service medical records and personnel records finds no documentation or references to the incident he states caused his heart disease. The Medical Consultant evaluation is at Exhibit E. _________________________________________________________________ APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE...