RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-02251
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: YES
MANDATORY CASE COMPLETION DATE: 24 Jan 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, diabetes, degenerative arthritis,
hypertension, and pancretitis, be assessed as combat related in order to
qualify for compensation under the Combat Related Special Compensation
(CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The procedures for CRSC do not adequately address individuals such as
himself who are involved in the support of pilots preparing for combat. He
initially fell sick during a combat exercise while wearing chemical gear.
There were no instructions given to document anything as combat related
during that time except for those that were wounded in the fields of
battle.
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 contracted his initial enlistment in the Regular Air Force on 26
Oct 71. He was progressively promoted to the grade of senior master
sergeant, having assumed that grade effective and with a date of rank of 1
Oct 93. He served as a Fuels Specialist. He voluntarily retired from the
Air Force on 31 Oct 97, having served 26 years and 5 days on active duty.
His CRSC application was disapproved on 30 Jun 04 based upon the fact that
his service-connected medical condition was 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 diabetes, degenerative arthritis, hypertension,
and pancretitis are not combat related. For diabetes to be considered
combat related it must be specifically granted by the DVA as presumptive to
Agent Orange. His records do not show a combat related event was the
direct cause of his degenerative arthritis. Although stress can be a
contributing factor to hypertension, the condition cannot be approved based
on stress alone since it is difficult to objectively determine this factor
as the definitive cause of this condition rather than other causes. 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
rating decision.
The DPPD evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant provided two responses to the Air Force evaluation in which he
states his injuries are service connected which means that they are
connected to his military career. During his career he serviced a variety
of aircraft and on numerous occasions hot-refueling was done in conjunction
with loading of live ammunition. In his additional response, the applicant
highlighted some of the stress he had to endure throughout his career. His
complete responses, with attachments, are at Exhibit E.
_________________________________________________________________
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.
4. The applicant's case is adequately documented and it has not been shown
that a personal appearance with or without counsel will materially add to
our understanding of the issue involved. Therefore, the request for a
hearing is not favorably considered.
_________________________________________________________________
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-
02251 in Executive Session on 26 Jul 05, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Mr. James W. Russell III, Member
Mr. Christopher Carey, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Jul 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 3 Aug 04.
Exhibit D. Letter, SAF/MRBR, dated 6 Aug 04.
Exhibit E. Letter, Applicant, dated 11 Aug 04, w/atchs.
THOMAS S. MARKIEWICZ
Chair
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