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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