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AF | BCMR | CY2005 | BC-2004-03571
Original file (BC-2004-03571.DOC) Auto-classification: Denied

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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