RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-01130
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
Mandatory Case Completion Date: 8 Oct 05
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, coronary artery bypass, kidney
stones, inguinal hernia, and diabetes mellitus, be assessed as combat
related in order to qualify for compensation under the Combat Related
Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His duties were under hazardous conditions and under conditions simulating
war. He was the facilitator of a strategic alert facility. The bombers
and tankers were loaded with nuclear weapons and full fuel loads. The
aircraft were to remain able to be airborne within 6 minutes. He ran the
facility for four years, which led to his heart attack.
In support of his request, applicant provided documentation associated with
his CRSC denial and a document extracted from his Department of Veterans
Affairs (DVA) records. His complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his initial enlistment in the Regular Air Force on 22
Jun 60. He was progressively promoted to the grade of master sergeant,
having assumed that grade effective and with a date of rank of 1 Sep 81.
He served as an Inventory Management Specialist, an In-flight Refueling
Operator, and as an Alert Facility Manager.
An MEB was convened on 14 May 86 and referred his case to an Informal
Physical Evaluation Board (IPEB) with a diagnosis of Status post acute
anterior wall myocardial infarction, and absorptive hypercalciuric
nephrolithiasis. On 10 Jun 86, the IPEB found him fit for further military
service based on a diagnosis of coronary artery disease and recommended he
be returned to duty. Applicant did not agree with the IPEB's finding and
recommendation. On 5 Aug 86, the IPEB reconsidered his case and
recommended that he be placed on the Temporary Disability Retired List
(TDRL) with a combined compensable rating of 60%. The applicant did not
agree with the findings and recommended disposition of the IPEB. 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%. Each PEB
found that his conditions were not the direct result of armed conflict or
caused by an instrumentality of war, during a period of war. He was
placed on the TDRL on 17 Jan 87. On 9 Feb 88, the Air Force PEB directed
that the applicant be permanently retired from the Air Force with a
combined disability rating of 100%. On 19 Feb 88, he was permanently
retired after serving 26 years, 6 months, and 25 days on active duty
His CRSC application was disapproved on 23 Mar 04 based upon the fact that
his service-connected medical conditions were determined not to be combat-
related. On 17 Jun 04, the portion of his application pertaining to his
impaired hearing was approved, rated at 0%.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states review of his service and DVA
medical records shows his coronary artery bypass, kidney stones, inguinal
hernia, and diabetes mellitus are not combat related. There is little
doubt his service connected medical conditions occurred while in service
performing duties related to his Air Force specialty. Although stress can
be a contributing factor to heart disease, heart disease cannot be approved
as stress related based on stress alone as it is difficult to objectively
determine stress as the definitive cause of the condition rather than other
routine causes. For coronary artery disease to qualify for CRSC, it must
be secondary to Agent Orange contracted diabetes or presumptive to POW
internment. The DPPD evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant provided numerous responses to the Air Force evaluation in which
he reiterates that the stress related to his duties was a major contributor
to his heart attack, which occurred in March 1986. The bypass surgery was
not performed until December 1986. In support of his response, he provided
supporting statements and documents associated with his Air Medal awards.
His complete responses, with attachments, 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-
01130 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 1 Apr 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 18 Jun 04.
Exhibit D. Letter, SAF/MRBR, dated 25 Jun 04.
Exhibit E. Letter, Applicant, dated 28 Jun 04, w/atchs.
THOMAS S. MARKIEWICZ
Chair
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