RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-03250
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: Not Indicated
MANDATORY CASE COMPLETION DATE: 28 Apr 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, hypertension, hyperthyroidism
(Graves Disease), and coronary artery disease secondary to hyperthyroidism,
be assessed as combat related in order to qualify for compensation under
the Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His hyperthyroidism surfaced shortly after his return from Vietnam which
can be caused by stress and improper diet. His remaining conditions are
secondary to his hyperthyroidism.
In support of his request, applicant provided a personal statement and
documentation associated with his CRSC application. His complete
submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant served in the Regular Army, National Guard and Enlisted Reserve
Corps prior to contracting his initial enlistment in the Regular Air Force
on 13 Aug 54. He was progressively promoted to the grade of staff
sergeant, having assumed that grade effective and with a date of rank of 29
Aug 64. He served as a Carpentry Specialist. On 6 Apr 70, a Physical
Evaluation Board (PEB) considered the applicant case with a diagnosis of
Grave's disease and recommended he be placed on the Temporary Disability
Retired List (TDRL) with a combined compensable rating of 30%. He was
placed on the TDRL on 1 Jun 70. On 14 Dec 71, the Air Force PEB
recommended that the removed from the TDRL and returned to active duty. He
was removed from the TDRL on 28 Feb 72 and returned to duty. He
voluntarily retired from the Air Force for years of service on 29 Feb 72,
having served 20 years and 23 days 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 disapproved on 21 Jul 03 based upon the fact that
his service-connected medical conditions were determined not to be combat-
related. His diabetes mellitus was subsequently approved, rated at 20%.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD provides a review of his pertinent
medical record entries and states that Graves disease is not a condition
that is considered to be presumptive to Agent Orange and there is no
evidence this condition was the result of a combat-related event or injury.
For this condition to qualify for CRSC, it must be specifically granted by
the DVA as presumptive to Agent Orange exposure. In order for coronary
artery disease and hypertension to qualify for CRSC they must be secondary
to diabetes mellitus contracted following Agent Orange exposure or declared
presumptive to POW internment. DVA examiners indicated that no
relationship existed between his diabetes mellitus and heart disease.
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 2 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-
03250 in Executive Session on 28 Feb 06, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Michael V. Barbino, Member
Mr. James W. Russell III, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 6 Oct 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 18 Nov 05.
Exhibit D. Letter, SAF/MRBR, dated 2 Dec 05.
THOMAS S. MARKIEWICZ
Chair
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