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
AF | BCMR | CY2006 | BC-2005-00321
_________________________________________________________________ APPLICANT CONTENDS THAT: His arteriosclerotic heart disease is a direct result of his diabetes caused by exposure to Agent Orange. His records reveals a medical examination, dated 8 Jul 02, which indicates his heart condition is secondary to his hypertension. His health problems relate directly to his diabetes.
AF | BCMR | CY2005 | bc-2003-04145
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-04145 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 18 Jun 05 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, hypertension and coronary disease, be assessed as combat-related in order to qualify for compensation under the Combat-Related Special Compensation...
AF | BCMR | CY2009 | BC-2008-02056
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-02056 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NOT INDICATED _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical condition, migraine headaches, be reevaluated as combat-related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act. He submitted a application for...
AF | BCMR | CY2007 | BC-2007-00089
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-00089 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: YES MANDATORY CASE COMPLETION DATE: 15 JULY 2008 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical condition, Arteriosclerotic Heart Disease be reevaluated under the Combat Related Special Compensation (CRSC) Act in order to qualify for compensation under...
AF | BCMR | CY2006 | BC-2005-01291
_________________________________________________________________ APPLICANT CONTENDS THAT: His condition is the result of exposure to jet fuel, several glues and cleaning chemical agents required in making repairs performing his duties as an Aircraft Fuels Systems Mechanic. The Medical Consultant Evaluation is at Exhibit F. _________________________________________________________________ APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: Applicant responded that he was a smoker during...
AF | BCMR | CY2006 | BC-2005-03250
On 14 Dec 71, the Air Force PEB recommended that the removed from the TDRL and returned to active duty. For this condition to qualify for CRSC, it must be specifically granted by the DVA as presumptive to Agent Orange exposure. 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.
AF | BCMR | CY2006 | BC-2005-03029
DPPD provided a review of his relevant medical history and states he was treated several times prior to his Vietnam service for the skin condition. _________________________________________________________________ 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...
AF | BCMR | CY2005 | BC-2004-00970
In support of his request, applicant provided a personal statement, documentation extracted from his medical records and documentation associated with his CRSC application. DPPD states a review of his service and DVA records does not show that his conditions are combat related. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice;...
AF | BCMR | CY2005 | BC-2004-03210
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-03210 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 19 Apr 06 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical condition, scleredema adultorum (lupus), be assessed as combat related in order to qualify for compensation under the Combat Related Special Compensation (CRSC)...
AF | BCMR | CY2006 | BC-2005-00936
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-00936 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 20 Sep 06 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, glaucoma and benign growth of the lung, be assessed as combat related in order to qualify for compensation under the Combat Related Special...