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AF | BCMR | CY2006 | BC-2005-00924
Original file (BC-2005-00924.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00924
            INDEX CODE:  108.07
            COUNSEL:  DVA
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  19 Sep 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He has received a new Department of Veterans' Affairs (DVA) rating of  100%.
 Otherwise, he makes no contentions.

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  23
Nov 45.  He was progressively promoted to  the  grade  of  master  sergeant,
having assumed that grade effective and with a date of rank  of  1  Jun  68.
He served as a Fuels Specialist.  He voluntarily retired from the Air  Force
on 31 Dec 72, having served 27 years, 1 month, and 1 day 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 28 Jun 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  for  his   hypertension   and
cardiomyopathy to be approved as combat related they must  be  secondary  to
diabetes mellitus following exposure to Agent Orange or presumptive  to  POW
internment and so stated in the applicable rating  decision.   A  review  of
his service records reveals he was assigned to Thailand during  the  Vietnam
conflict; however, there is  nothing  to  indicate  he  served  in  Vietnam.
Additionally, while military duties can be stressful, and stress  can  be  a
contributing factor to heart disease,  CRSC  cannot  be  approved  based  on
stress alone as it is difficult to objectively determine this factor as  the
definitive  cause  of  the  condition  rather  than  other  causes  of   his
particular make-up.  His records do not show, while in  service,  a  combat-
related event or events that were the direct cause of his disabilities.

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 12  Aug
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
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-2005-
00924 in Executive Session on 11 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 14 Mar 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 21 Jul 05.
    Exhibit D.  Letter, SAF/MRBR, dated 12 Aug 05.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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