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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