RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-02308
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 25 Jan 07
_________________________________________________________________
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 heart attack occurred in Saudi Arabia during the Gulf War while under
going combat actions.
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 Regular Army from 17 Jul 64 through 27 Jun 67. He
contracted his initial enlistment in the Regular Air Force on 25 Sep 72.
He was progressively promoted to the grade of master sergeant, having
assumed that grade effective and with a date of rank of 1 Apr 86. He
served as a Weather Specialist and a Disaster Preparedness Superintendent.
He was retired for reasons of physical disability on 17 Aug 93, with a
diagnosis of coronary artery disease, rated at 60%. He served 26 years, 10
months, and 23 days on active duty.
His CRSC application was disapproved on 27 May 05 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 noted the applicant's medical records
contain the following entries prior to his service in the Persian Gulf: an
entry dated 5 Aug 86, for an acute myocardial infarctus; an entry dated 14
Aug 86, noting a left heart catherterization, coronary arteriography, and
biplane left vetriculography with hemodynamics performed on 13 Aug 86; a
referral to Walter Reed Army Medical Center on 7 Apr 87, for consideration
of angioplasty; an MEB report dated 13 Apr 87; treatment for chest
discomfort, on 27 Aug 87; referral to a cardiologist, dated 18 Oct 89; and
a consultation dated 24 Oct 89, noting continual chest pain that has
persisted for more than 20 years.
DPPD states for arteriosclerotic heart disease to be approved for CRSC it
must be secondary to Agent Orange contracted diabetes or declared
presumptive to POW internment. There is no evidence he was ever exposed to
Agent Orange or held as a POW. Medical evidence is inconclusive as to the
origin of his angina. He was unloading and carrying boxes prior to the
event and he had to run down to a bunker wearing chemical protective gear.
It seems logical these activities could have led to the chest pain but it
appears he believes the stress of the scud attack induced the chest pain at
the time. 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. Additionally, he had his initial
myocardial infarction in 1986, several years prior to his service in the
Persian Gulf. Simply being in an armed conflict or exercise environment,
being in a military vehicle, or performing hazardous service does not
automatically qualify an individual for CRSC. What caused the injury, the
activities taking place at the time and the resulting disability must be
looked at.
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 9 Sep
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-2005-
02308 in Executive Session on 6 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 18 Jul 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 7 Sep 05.
Exhibit D. Letter, SAF/MRBR, dated 9 Sep 05.
THOMAS S. MARKIEWICZ
Chair
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