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AF | BCMR | CY2006 | BC-2005-00321
Original file (BC-2005-00321.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-0
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  Not Indicated

MANDATORY CASE COMPLETION DATE:  1 Aug 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

His arteriosclerotic heart disease  is  a  direct  result  of  his  diabetes
caused by exposure to Agent Orange.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force  on  29
Jul 54.  He was progressively promoted to  the  grade  of  master  sergeant,
having assumed that grade effective and with a date of rank  of  1  Aug  71.
He served as an Aircraft  Control  and  Warning  Operator.   He  voluntarily
retired from the Air Force on 31 Jul 75, having served 21 years and  2  days
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 approved  for  diabetes  mellitus,  rated  at  20%;
paralysis of left upper extremity, rated at 20%; paralysis  of  right  upper
extremity, rated at 20%; paralysis of left lower extremity,  rated  at  10%;
and paralysis of right lower extremity, rated at 10%.  His  arteriosclerotic
heart disease  was  disapproved  based  upon  the  fact  that  the  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 show  his  arteriosclerotic  heart  disease  is  not  combat
related.  For this  condition  to  qualify  for  compensation,  it  must  be
declared secondary to diabetes mellitus  developed  following  Agent  Orange
exposure, or presumptive to POW internment and so stated in  the  applicable
DVA rating decision.  His records reveals a  medical  examination,  dated  8
Jul  02,  which  indicates  his  heart  condition  is   secondary   to   his
hypertension.  It does state the condition was aggravated by  his  diabetes;
however, since the DVA is  considering  his  heart  condition  secondary  to
hypertension, CRSC compensation cannot be awarded.

The DPPD evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

DPPD suggested to  him  that  his  arteriosclerotic  heart  disease  may  be
hereditary.  Only one of his mother's four brothers experienced adult  onset
diabetes; however, he was also exposed to  nerve  and  mustard  gases  as  a
German soldier in World War  II.   The  spoiler  in  family  health  on  his
father's side  was  tuberculosis.   Studies  on  the  effect  of  dioxin  on
veterans make a direct link of dioxin  exposure  to  adult  onset  diabetes.
While cardiovascular disease findings pertaining to  Agent  Orange  exposure
were mixed.  The medical community today has established a solid  connection
between cardiovascular disease and diabetes.   His  health  problems  relate
directly to his diabetes.  His hypertension dates  back  to  his  enlistment
physical but his blood  pressure  increased  dramatically  after  he  became
diabetic.   It  can  be  said  that  both  his  hypertension  and   diabetes
contributed to the clogging of his arteries.   However,  applicant  believes
the apparent exposure to herbicides during his tour  in  Vietnam  made  this
exposure the trigger of his ongoing health problems.  Even  though  the  DVA
does not state his heart disease is secondary to diabetes, it  is  not  fair
to punish him financially.

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
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-2005-
00321 in Executive Session on 11 Jan 06, under the  provisions  of  AFI  36-
2603:

      Mr. Thomas S. Markiewicz, Chair
      Mr. Richard A. Peterson, Member
      Mr. Alan A. Blomgren, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 31 Jan 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 14 Feb 05.
    Exhibit D.  Letter, SAF/MRBR, dated 18 Feb 05.
    Exhibit E.  Letter, Applicant, dated 14 Mar 05, w/atchs.
    Exhibit F.  Congressional Inquiry, dated 31 Mar 05, w/atchs.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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