RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-02815
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 17 Mar 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, coronary artery bypass and
circulatory conditions of the lower extremities, be assessed as combat
related in order to qualify for compensation under the Combat Related
Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The CRSC board erroneously denied his request for CRSC because his heart
condition was incorrectly addressed. His condition is the result of
increased severity of his service-connected hypertension which was
evaluated by the Department of Veterans' Affairs (DVA) with a 30 percent
rating.
In support of his request, applicant provided a personal statement, and
documentation associated with his DVA rating decision. His complete
submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his initial enlistment in the Regular Air Force on 1
Feb 55. He was progressively promoted to the grade of staff sergeant,
having assumed that grade effective and with a date of rank of 1 Oct 66.
He served as an Aircraft Maintenance Technician. He voluntarily retired
from the Air Force on 28 Feb 75, having served 20 years and 1 month on
active duty.
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 70% for his unfitting conditions.
His CRSC application was approved for tinnitus, rated at 10 percent and
impaired hearing, rated at zero percent. His coronary artery bypass and
circulatory conditions were disapproved 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 he contended his heart condition
is the result of stress from performing his military duties. Although the
performance of 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 disability. For heart disease to qualify for CRSC
it must be secondary to Agent Orange contracted diabetes mellitus or
presumptive to POW internment. He was diagnosed with diabetes mellitus
three years after retirement; however, the DVA has denied service-
connection for this condition.
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 18 Nov
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-
02815 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 17 Aug 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 27 Oct 05, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 18 Nov 05.
THOMAS S. MARKIEWICZ
Chair
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