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AF | BCMR | CY2006 | BC-2004-03770
Original file (BC-2004-03770.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03770
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 12 Jun 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical condition, heart prosthesis,  be  assessed  as
combat related in  order  to  qualify  for  compensation  under  the  Combat
Related Special Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was air-evacuated out of Korea with rheumatic fever  and  a  heart  valve
infection.  He was hospitalized for four months and went  before  a  medical
board.  His date of separation was coming shortly and he was to  go  to  Ft.
Snelling for disability compensation but he did not go.

In support of his request, applicant provided documentation associated  with
his CRSC application.  His complete  submission,  with  attachments,  is  at
Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Applicant served in the United Stated Marine Corps  (USMC)  from  15 Jun  52
through 15 Jun 55.  He contracted his initial enlistment in the Regular  Air
Force on 1 Dec 55.  He was progressively promoted to  the  grade  of  master
sergeant, having assumed that grade effective and with a date of rank  of  1
Feb 71.  He served as an Avionics Technician.  He voluntarily  retired  from
the Air Force on 30 Nov 72, having served 20 years on active duty.

Available Department of Veterans Affairs (DVA) records  reflect  a  combined
compensable rating of 100% for his unfitting conditions.

His CRSC application was disapproved on 30 Mar 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 shows his disability may have been linked to a  pre-existing
condition he claimed periodically throughout service.  He was  told  he  had
heart murmurs three months prior to active duty in the USMC, which  was  not
found by civilian physicians.  An entry dated 21  Jun  72,  states  "He  has
been diagnosed as having rheumatic fever  and  rheumatic  heart  disease  in
1954 with some type of episode that he states was acute rheumatic  fever  in
the early 60's.  He was placed at bed rest as a child for approximately  two
months for pain in his ankles and knees.  He also  was  told  at  this  time
that he had cardiac involvement and a heart murmur..."

The 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 21  Jan
05 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-
03770 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 11 Jan 05.
    Exhibit D.  Letter, SAF/MRBR, dated 21 Jan 05.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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