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AF | BCMR | CY2005 | bc-2003-04145
Original file (bc-2003-04145.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-04145
            INDEX CODE:  108.07
            COUNSEL:  NONE

            HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  18 Jun 05


_________________________________________________________________

APPLICANT REQUESTS THAT:

His  service-connected  medical  conditions,   hypertension   and   coronary
disease, be assessed as combat-related in order to qualify for  compensation
under the Combat-Related Special Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His hypertension and coronary disease were the result of  hazardous  service
in Vietnam.

His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force  on  31
August 1954.  He was  progressively  promoted  to  the  grade  of  technical
sergeant, having assumed that grade effective and with a date of rank  of  1
July 1972.  He served as a dental technician for the full  duration  of  his
active duty career.  He was assigned in Southeast Asia from  March  1969  to
March 1970.  He voluntarily retired from the Air Force on 1 September  1977,
having served 23 years and 1 day on active duty.

Current Department of Veterans Affairs  (DVA)  records  reflect  a  combined
compensable rating of 70% for his service-connected medical conditions,  but
receiving 100% disability benefits due to his unemployability.







His CRSC application was disapproved on 26 November 2003, since his service-
connected medical conditions were below the 60% required under the old  law.
 However, he was approved under the new law  on  13  February  2004,  for  a
rating of 20% for his Diabetes Mellitus as presumptive of Agent  Orange  and
was disapproved for Hypertension.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial and states, in part, that applicant  has  failed
to provide documentation to indicate that his  service-connected  conditions
of Hypertension and Coronary Heart Disease were  the  direct  result  of  an
armed conflict, caused by an instrumentality of war, hazardous  service,  or
presumptive of Agent Orange as defined in AFM 35-4.  Applicant is  rated  at
20% for Diabetes Mellitus and meets the mandatory criteria for  compensation
under the CRSC program; however, he does  not  qualify  for  the  additional
compensation requested.

The AFPC/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  19
March 2004, for review and comment within 30 days.  As of  this  date,  this
office has received no response.

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial  and  states,  in  part,  that
applicant has been granted CRSC eligibility for type  II  diabetes  mellitus
for Agent Orange exposure.  However, there is no evidence in his records  to
establish a direct causal relationship of his  hypertension  and  subsequent
coronary artery disease with military service in  Southeast  Asia,  or  that
these diagnoses are presumptively associated with Agent Orange.

The Medical Consultant’s evaluation is at Exhibit E.

_________________________________________________________________







APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy  of  the  additional  Air  Force  evaluation  was  forwarded  to  the
applicant on 14 December 2004 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 the BCMR  Medical  Consultant
and adopt  their  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-2003-
04145 in Executive Session on 6 April 2005, 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 8 Dec 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 8 Mar 04.
    Exhibit D.  Letter, SAF/MRBR, dated 19 Mar 04.
    Exhibit E.  Letter, BCMR Medical Consultant, dated 13 Dec 04.
    Exhibit F.  Letter, AFBCMR, dated 14 Dec 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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