RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-03758
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 11 Jun 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, asthma, colitis, hip prosthesis,
coronary artery bypass, hypertension, varicose veins, and scars, be
assessed as combat related in order to qualify for compensation under the
Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
During Operation Greenhouse in 1952 he was assigned to prepare opening and
secure closing of base activities on Eniwetok Atoll. During a period of
six months, five hydrogen bombs were detonated and a miscalculation of wind
drift brought excessive radiation to his location. Geiger counters and
pocket dosimeters maxed out several times during two of the shots. He
believes all of his conditions can be directly attributed to this constant
over exposure to excessive radiation.
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 served various assignments in an enlisted status from 13 Apr 43
to 15 Dec 49. He was appointed a second lieutenant, Reserve of the Air
Force on 16 Dec 49. He was progressively promoted to the grade of
lieutenant colonel on 20 Jun 66. On 30 Sep 72, he voluntarily retired for
years of service. He served 26 years on active duty
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 90% for his unfitting conditions.
His CRSC application was disapproved on 2 Mar 04 based upon the
fact that his service-connected medical conditions were 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 asthma, colitis, hip prosthesis, coronary artery
bypass, hypertension, varicose veins, and scars are not combat related.
His records do not show, while in service, a combat-related event or events
that were the direct cause of his disabilities. For asthma to be
considered combat related it must be presumptive to Mustard Gas. Colitis,
hip prosthesis and varicose veins are not combat related disabilities. For
coronary artery bypass and hypertension to qualify for CRSC they must be
secondary to Agent Orange contracted diabetes mellitus or presumptive to
POW internment,. His records state his scars were caused by vein
harvesting for his coronary artery bypass.
The DPPD evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
In response to the Air Force evaluation, applicant provided additional
copies of documents previously submitted. His complete response is at
Exhibit E.
_________________________________________________________________
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-
03758 in Executive Session on 4 Jan 06, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Christopher Carey, Member
Mr. James W. Russell III, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 Dec 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 5 Jan 05.
Exhibit D. Letter, SAF/MRBR, dated 14 Jan 05.
Exhibit E. Letter, Applicant, dated 1 Dec 04, w/atchs.
THOMAS S. MARKIEWICZ
Chair
AF | BCMR | CY2004 | BC-2003-03573
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-03573 INDEX CODE: 108.07 COUNSEL: American Legion HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, chronic obstructive pulmonary disease, duodenal ulcer, spinal disc condition, residuals of right and left foot injury, limited motion in cervical spine, varicose veins of right...
AF | BCMR | CY2005 | BC-2004-01649
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-01649 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 25 Nov 05 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, coronary artery disease, disease of the arteries and veins, and hemorrhoids, be assessed as combat related in order to qualify for compensation...
AF | BCMR | CY2005 | BC-2004-03225
He served 26 years, 6 months, and 27 days on active duty His CRSC application was disapproved on 6 Nov 03 based upon the fact that his service-connected medical conditions were determined not to be combat- related. The DPPD evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant states his ejection was in 1959, not 1968 as stated by DPPD. We agree with the opinion and recommendation of the Air Force...
AF | BCMR | CY2007 | BC-2007-00404
DPPD states although his conditions have been service-connected by the DVA, CRSC criteria require documentation to support a qualifying combat-related event or events as the direct cause of the disability. Additionally, the CRSC Board noted his Impaired Hearing is considered combat-related and approved it for CRSC; however, since it is currently rated at zero percent, he will not receive compensation at this time. We agree with the opinion and recommendation of the Air Force office of...
AF | BCMR | CY2005 | BC-2004-01130
On 5 Sep 86, the Formal PEB (FPEB) found him unfit for duty with a diagnosis of coronary artery disease and hypercalciuric nephrolithiasis and recommended he be placed on the TDRL with a compensable percentage of 100%. There is little doubt his service connected medical conditions occurred while in service performing duties related to his Air Force specialty. The DPPD evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR...
AF | BCMR | CY2007 | BC-2006-03158
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-03158 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 20 APR 08 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions , diabetes mellitus, coronary artery bypass, circulatory condition, glaucoma, and hypertension, be assessed as combat related in order to qualify for...
AF | BCMR | CY2005 | bc-2003-04145
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...
AF | BCMR | CY2006 | BC-2005-02815
_________________________________________________________________ APPLICANT CONTENDS THAT: The CRSC board erroneously denied his request for CRSC because his heart condition was incorrectly addressed. Available Department of Veterans Affairs (DVA) records reflect a combined compensable rating of 70% for his unfitting conditions. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not...
AF | BCMR | CY2009 | BC-2008-01818
DPPD states the applicant requested his coronary artery bypass be considered combat related. For his coronary artery bypass to qualify for CRSC, it must be either secondary to diabetes mellitus contracted by exposure to AO herbicides or presumptive to Prisoner of War (POW) internment, and this must be so stated in the applicable DVA Rating Decision. ________________________________________________________________ RECOMMENDATION OF THE BOARD: The applicant be notified that the evidence...
ARMY | BCMR | CY2001 | 2001064560C070421
A 28 November 1995 report of medical examination (for a Medical Evaluation Board) shows that the applicant was qualified for medical retirement with a physical profile serial of 3 1 1 2 1 1. Physical evaluation boards are established to evaluate all cases of physical disability equitability for the soldier and the Army. If the evidence establishes that the service member adequately performed his duties until the time the service member was referred for physical evaluation, the member may...