RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-03571
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 22 MAY 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical condition, arteriosclerotic heart disease, be
assessed as combat related in order to qualify for compensation under the
Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His heart disease incurred while assigned to Mogadishu, Somalia. While in
Somalia the airport came under numerous mortar, rocket propelled grenades,
and small arms attacks. When he returned to Charleston AFB, for a mid-tour
break, he suffered a heart attack.
His duties while assigned to Charleston AFB included organizing and leading
combat readiness exercises. During these stressful times he was deployed
under field conditions and was responsible for making the exercise as
realistic as possible by setting off ground burst simulators, smoke
grenades and directing simulated attacks.
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 8
Feb 73 and was voluntarily ordered to extended active duty on that same
date. He was progressively promoted to the grade of lieutenant colonel,
having assumed that grade effective and with a date of rank of 1 Aug 89.
He served as a Command and Control Operations Officer, an Airlift
Navigator, and as an Aircraft Maintenance and Munitions Officer. On 31 Dec
99, he voluntarily retired for years of service. He served 26 years, 10
months, and 23 days on active duty
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 70% for his unfitting conditions.
His CRSC application was disapproved on 28 Apr 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 is not combat
related. For arteriosclerotic heart disease to qualify for CRSC it must be
secondary to Agent Orange contracted diabetes or POW internment and so
stated in the DVA rating decision.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 17 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
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-
03571 in Executive Session on 7 Sep 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 8 Nov 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 13 Dec 04.
Exhibit D. Letter, SAF/MRBR, dated 17 Dec 04.
THOMAS S. MARKIEWICZ
Chair
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