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AF | BCMR | CY2006 | BC-2006-00259
Original file (BC-2006-00259.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00259
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  29 JUL 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

His condition was incurred while serving in Vietnam.

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  10
Sep 58.  He was progressively promoted to  the  grade  of  master  sergeant,
having assumed that grade effective and with a date of rank  of  1  Jul  76.
He served as a Nuclear Medicine Technician.   He  voluntarily  retired  from
the Air Force on 30 Sep 78, having served 20 years and  16  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  18  Feb  05  and  his  appeal  was
disapproved on 18 Mar 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 a heart condition  to  qualify
for CRSC this disability  must  be  secondary  to  Agent  Orange  contracted
diabetes  mellitus  following  exposure  to   Agent   Orange   or   declared
presumptive to POW internment, and so stated in the applicable  DVA  ratings
decision.  While his condition was  deemed  service-connected  by  the  DVA,
their standard is to resolve doubt in the interest of the veteran and  grant
service-connection for  injuries  or  disease  incurred  while  in  service.
Simply being in an armed  conflict  or  exercise  environment,  being  in  a
military vehicle, or performing hazardous  service  does  not  automatically
qualify an individual for CRSC.  What  caused  the  injury,  the  activities
taking place at the time, and the resulting disability must be looked at.

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 17  Mar
06 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
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-2006-
00259 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 22 Jan 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 13 Mar 06.
    Exhibit D.  Letter, SAF/MRBR, dated 17 Mar 06.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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