RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-03084
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: Not Indicated
MANDATORY CASE COMPLETION DATE: 11 Apr 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, malaria and atrial fibrillation,
be assessed as combat related in order to qualify for compensation under
the Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His conditions are the result of his assignment to the Engineering Center
Regiment, Ft. Belvoir VA. During this assignment he was involved in
rigorous combat training, participated in simulated war exercises, and
handled numerous demolition munitions. The continual stress of this
assignment may have caused his disability.
In support of his request, applicant provided a personal statement and a
copy of his DD Form 214. His complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant served in the Regular Army from 14 Sep 49 through 4 Oct 52. He
contracted his initial enlistment in the Regular Air Force on 11 Oct 52.
He was progressively promoted to the grade of technical sergeant, having
assumed that grade effective and with a date of rank of 1 Jun 69. He
voluntarily retired from the Air Force on 30 Nov 69, having served 20
years, 2 months, and 11 days on active duty.
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 10% for his unfitting conditions.
His CRSC application was disapproved on 13 Dec 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 although he developed malaria
while in Korea, this is not sufficient to qualify the condition as combat
related. Simply being in an armed conflict or exercise environment, in and
of itself, does not automatically qualify an individual for CRSC. There
must be documentation identifying the specific cause of the injury or
illness and the activities taking place at the time, which link them to the
disability. No such evidence can be found.
While performance of military duties can be stressful, and stress can lead
to heart conditions, CRSC cannot be approved based on stress alone since it
is difficult to objectively determine this factor as the definitive cause
of the condition, rather than routine causes of the individual's physical
make-up. For atrial fibrillation to qualify for CRSC, it must be secondary
to Agent Orange contracted diabetes mellitus or declared presumptive to POW
internment.
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 Dec
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-
03084 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 3 Oct 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 28 Nov 05.
Exhibit D. Letter, SAF/MRBR, dated 9 Dec 05.
THOMAS S. MARKIEWICZ
Chair
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