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AF | BCMR | CY2006 | BC-2005-03648
Original file (BC-2005-03648.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03648
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  Not Indicated

MANDATORY CASE COMPLETION DATE:  3 Jun 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

His  service-connected  medical  condition,  hypertension,  be  assessed  as
combat related in  order  to  qualify  for  compensation  under  the  Combat
Related Special Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His condition occurred during his active duty career and  has  caused  other
health problems.

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 contracted his initial enlistment in the Regular Air Force  on  18
Nov 54.  He  was  progressively  promoted  to  the  grade  of  chief  master
sergeant, having assumed that grade effective and with a date of rank  of  1
Dec 81.  He served as Fire Protection Specialist.   He  voluntarily  retired
from the Air Force on 31 Aug 83, having served 28 years, 9  months,  and  13
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 5 Jan 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 states for hypertension  to  qualify  for
CRSC it must be  secondary  to  diabetes  mellitus  following  Agent  Orange
exposure, or declared presumptive to POW internment and  so  stated  in  the
applicable DVA rating decision.

The DPPD evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responded that he was a military  firefighter  for  more  than  27
years and continued to  serve  as  a  Federal  Service  Fire  Chief  for  an
additional 10 years after his retirement.  During his  fire  service  career
he was involved in  many  hazardous  situations  including  combat  aircraft
crashes, structural fires, and breathing of  many  types  of  chemicals  and
gases.  He was awarded the Bronze Star for his support in  fire  and  rescue
operations in Thailand.

His complete response is at Exhibit E.

_________________________________________________________________

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-
03648 in Executive Session on 28 Apr 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 21 Nov 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 27 Feb 06.
    Exhibit D.  Letter, SAF/MRBR, dated 3 Mar 06.
    Exhibit E.  Letter, Applicant, dated 8 Mar 06.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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