RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-01876
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 19 DEC 05
_________________________________________________________________
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:
No hypertension was noted on his entrance physical exam. His hypertension
occurred while flying fighter jets after an accident in primary training.
He was grounded due to the high blood pressure. His hypertension was again
noted on his separation physical. Flying fighter aircraft is hazardous
service and his duties towing target drones were conducted under simulated
combat conditions.
In support of his request, applicant provided a personal statement and
documentation associated with his CRSC application. His complete
submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant was appointed a second lieutenant, Reserve of the Air Force on 14
Apr 54. He was progressively promoted to the Reserve grade of major,
having assumed that grade effective and with a promotion service date of 1
Jul 69. He served as a pilot, primarily aboard fighter aircraft. On 15
Nov 78, his name was placed on the Retired Reserve List.
His CRSC application was disapproved on 16 Apr 04 based upon the fact that
documentation was not provided to support his contention that his
hypertension was the direct result of hazardous service.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states a review of his service and DVA
medical records show his hypertension is not combat related. For
hypertension to qualify for CRSC, it must be secondary to Agent Orange
contracted diabetes or presumptive to POW internment and so stated in the
applicable 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 17 Sep
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.
_________________________________________________________________
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-
01876 in Executive Session on 11 Jul 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 8 Jun 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 10 Sep 04.
Exhibit D. Letter, SAF/MRBR, dated 17 Sep 04.
THOMAS S. MARKIEWICZ
Chair
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