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AF | BCMR | CY2005 | BC-2004-01876
Original file (BC-2004-01876.DOC) Auto-classification: Denied

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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