RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00169
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 15 Jul 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, abdominal aortic aneurysm,
hypertension, spinal disc condition, and bilateral knee conditions, be
assessed as combat related in order to qualify for compensation under the
Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His conditions are the result of injury or illness incurred while on alert
status, training for combat, or flying in support of B-52 alert or combat
missions.
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 contracted his initial enlistment in the Regular Air Force on 8
Jan 54. He was progressively promoted to the grade of senior master
sergeant, having assumed that grade effective and with a date of rank of 1
Dec 69. He served as an Aircraft Maintenance Technician. He voluntarily
retired from the Air Force on 31 Jul 75, having served 21 years, 6 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 12 Apr 04 based upon the fact that
his service-connected medical conditions were determined not to be combat-
related. On 7 Feb 05, his PTSD was approved, rated at 50%.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states a review of his service and DVA
medical records show his abdominal aortic aneurysm, hypertension, spinal
disc condition, and bilateral knee conditions are not combat related.
Although stress can be a contributing to arteriosclerotic heart disease,
the condition cannot be approved based on stress alone since this factor
cannot be objectively determined as the definitive cause of this condition
rather than other causes. For heart disease and hypertension to qualify
for CRSC, it must be secondary to Agent Orange contracted diabetes or
presumptive to POW internment and so stated in the rating decision. His
spinal disc condition and knee conditions are the result of falls off
aircraft. Injuries sustained by falling off a military device, where the
fall was not caused by the device itself, are not considered to be eligible
for CRSC.
The DPPD evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant states from 1967 through 1868 he was assigned in Ubon, Thailand
with duties in jungle areas which were defoliated and burnt from combat and
aviation fuel. There is a good chance he was exposed to chemical
defoliants as they were deployed from the same base he was in direct
support of. He has been diagnosed with borderline diabetes, which is a
possible symptom. His fall was from an ice covered aircraft in England
while deployed for a possible cold war action with nuclear weapons. He
fell from a B-52 in 1971 while attempting a repair during a launch
supporting the war in Vietnam. The fall was caused by wet and oily
conditions. Due to the constant stress imposed on SAC line chiefs to have
all aircraft and personnel in a war ready status he developed hypertension.
This took place over many years.
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 opinions and recommendations of the
Air Force offices of primary responsibility 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-2005-
00169 in Executive Session on 4 Jan 06, 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 4 Jan 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPDC, dated 7 Feb 05, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 11 Feb 04.
Exhibit E. Letter, Applicant, dated 24 Feb 05.
THOMAS S. MARKIEWICZ
Chair
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