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AF | BCMR | CY2005 | BC-2004-01649
Original file (BC-2004-01649.DOC) Auto-classification: Denied

 RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01649
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  25 Nov 05

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical conditions, coronary artery  disease,  disease
of the arteries and veins, and hemorrhoids, be assessed  as  combat  related
in order to qualify  for  compensation  under  the  Combat  Related  Special
Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He had two heart attacks while on active duty, one at Davis Monthan AFB,  AZ
and the other while at Kunsan AB, Korea.

In support of his request, applicant provided documentation associated  with
his CRSC application.  His complete  submission,  with  attachments,  is  at
Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force  on  18
Jun 74.  He was progressively promoted to the grade of  technical  sergeant,
having assumed that grade effective and with a date of rank  of  1  Aug  89.
He served as an Inventory Management Craftsman.  He voluntary  retired  from
the Air Force on 30 Jun 94, having served 20 years and  13  days  on  active
duty.

His CRSC application was disapproved on 5 Mar 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
medical records  show  his  service  connected  conditions  are  not  combat
related.  Although stress can be a contributing factor  to  his  conditions,
they cannot be approved as combat related based  on  stress  alone.   It  is
difficult to objectively determine stress as the  definitive  cause  of  his
conditions rather than other  routine  causes  or  his  particular  physical
makeup.  For coronary artery disease and hypertension to qualify  for  CRSC,
they must be secondary to Agent Orange contracted  diabetes  or  presumptive
to 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 16  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
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-
01649 in Executive Session on 1 Jun 05, under  the  provisions  of  AFI  36-
2603:

      Mr. Thomas S. Markiewicz, Chair
      Mr. Christopher Carey, Member
      Mr. James W. Russell III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 May 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 12 Jul 04.
    Exhibit D.  Letter, SAF/MRBR, dated 13 16 Jul 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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