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AF | BCMR | CY2006 | BC-2005-02308
Original file (BC-2005-02308.DOC) Auto-classification: Denied

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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