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AF | BCMR | CY2005 | BC-2004-01933
Original file (BC-2004-01933.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01933
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  20 Dec 05

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected  medical  conditions,  duodenal  ulcer,  back  injury,
tinnitus, and quadruple heart bypass,  be  assessed  as  combat  related  in
order  to  qualify  for  compensation  under  the  Combat  Related   Special
Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He received the Purple Heart for combat wounds received on a  combat  flight
on 5 Oct 44.

In support of his request, applicant provided documentation associated  with
his CRSC  application,  and  documents  extracted  from  his  Department  of
Veterans' Affairs records.  His complete submission,  with  attachments,  is
at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the National Guard on 26 Nov 34.   He  served  in  the
National Guard and Army of the United States until his discharge  on  4  Dec
43.  On 5 Dec 43 he was appointed a second lieutenant, Army  of  the  United
States.  He served a variety of assignments in the Army, Air Reserve and  in
the Regular Air Force.  He  was  progressively  promoted  to  the  grade  of
lieutenant colonel, having assumed that grade effective and with a  date  of
rank of 1 Jun 59.  On 8 Feb  64,  he  was  retired  by  reason  of  physical
disability, for a duodenal ulcer, rated at  20%.   He  served  21  years,  7
months, and 21 days on active duty

His CRSC application was disapproved on 8 Apr 04 based upon  the  fact  that
his service-connected medical condition was determined  not  to  be  combat-
related.  Upon re-evaluation of his request, he was approved  for  CRSC  for
residuals of cold injury, left leg, rated at 30%; residuals of cold  injury,
right leg, rated at 30%,; and impaired hearing, rated at 10%.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states a review of his  service  and  DVA
medical records show  his  duodenal  ulcer,  back  injury,  quadruple  heart
bypass, and tinnitus are not  combat  related.   To  qualify  for  CRSC  his
quadruple  heart  bypass  must  be  secondary  to  Agent  Orange  contracted
diabetes or presumptive to POW internment and so stated  in  the  applicable
rating decision.  For duodenal  ulcer  to  qualify  for  CRSC,  it  must  be
presumptive to POW  internment  and  so  stated  in  the  applicable  rating
decision.  His back injury has not been rated as service  connected  by  the
DVA and cannot be approved for CRSC.  In order for tinnitus to  qualify  for
CRSC, evidence must be presented that the condition was attributed to  noise
exposure during his career as a pilot and manifested while in service.

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.  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-
01933 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 14 Jun 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 23 Jun 04.
    Exhibit D.  Letter, SAF/MRBR, dated 1 Jul 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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