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AF | BCMR | CY2006 | BC-2005-03084
Original file (BC-2005-03084.DOC) Auto-classification: Denied

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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