RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-02276
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 23 JAN 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her father's service-connected medical conditions, emphysema, neurosis, and
lymphoma, be assessed as combat related in order to qualify for
compensation under the Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The VA Rating code for her father's conditions reflects the condition of
Nicotine Dependence as "service connected, Korean Conflict incurred; and
the condition of Emphysema as "service connected, Korean Conflict incurred.
In support of his request, applicant provided documentation associated with
her CRSC application. His complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The former member served in the Air National Guard (ANG) from 1 Feb 54
through 25 Oct 54. He enlisted in the Regular Air Force on 25 Oct 54. He
was progressively promoted to the grade of technical sergeant, having
assumed that grade effective and with a date of rank of 1 Feb 75. He
served as an Avionic Systems Technician. On 31 Oct 76, he voluntarily
retired for years of service. He served 22 years and 21 days on active
duty.
Subsequent to the former member's death on 28 Jan 04, his daughter
submitted an application for CRSC, which was disapproved on 16 Sep 04 based
on the fact that CRSC is not subject to any survivor benefit provisions.
On 12 Oct 04, she submitted an application to the AFBCMR requesting
approval of her application. On 5 Jan 05, the Board approved her request
to accept and review the application.
The CRSC application was considered and disapproved on 18 Jan 05 based upon
the fact that the service-connected medical conditions were determined not
to be combat-related.
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 100% for the unfitting conditions.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states the VA Rating Code Sheets
indicate the period of service in which a disability developed and whether
it was incurred secondary to another service-connected condition, or
presumptive. The fact that he was on active duty during the Korean
Conflict does not confirm that the condition itself is combat related.
Simply being in an armed conflict or exercise environment, being in a
military vehicle, or performing hazardous service, in and of itself, does
not automatically qualify an individual for CRSC. Documentation must be
provided identifying the specific cause of the injury or illness and the
events taking place at the time which link them to the disability. In this
case, documentation provided does not link the conditions to a combat
related event. Nicotine dependence and emphysema, secondary to nicotine
dependence do not meet the criteria for CRSC. The underlying cause of his
death, lymphoproliferative disease cannot be considered for CRSC since it
has not been granted service connection by the DVA.
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 7 Oct
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 an error or injustice does not exist in this
case. 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-
02276 in Executive Session on 28 Feb 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 16 Jul 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 23 Sep 05.
Exhibit D. Letter, SAF/MRBR, dated 7 Oct 05.
THOMAS S. MARKIEWICZ
Chair
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