RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-02547
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 20 Feb 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical condition, arteriosclerotic heart disease,
dermatophytosis, flat foot condition, and residuals of cold injury (both
feet), be assessed as combat related in order to qualify for compensation
under the Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Applicant makes no contentions.
In support of his request, applicant provided 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 22
Jul 52. He was progressively promoted to the grade of staff sergeant,
having assumed that grade effective and with a date of rank of 1 Jun 62.
He served as a Material Facilities Technician. He voluntarily retired from
the Air Force on 13 Jul 72, having served 20 years and 9 days on active
duty.
His CRSC application was disapproved on 6 May 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 arteriosclerotic heart disease, dermatophytosis,
flat foot condition, and residuals of cold injury (both feet) are not
combat related. His records do not show, while in service, a combat-
related event or events that were the direct cause of either the flat foot
condition or dermatophytosis. Although stress can be a contributing to
arteriosclerotic heart disease, the condition cannot be approved based on
stress alone since this factor cannot be objectively determined as the
definitive cause of this condition rather than other causes. For
arteriosclerotic heart disease 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:
A copy of the Air Force evaluation was forwarded to the applicant on 3 Dec
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-
02547 in Executive Session on 13 Oct 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 6 Aug 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 2 Dec 04.
Exhibit D. Letter, SAF/MRBR, dated 3 Dec 04.
THOMAS S. MARKIEWICZ
Chair
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