RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-03850
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 20 JUN 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, chronic renal insufficiency,
coronary artery disease, cerebral vascular accident, cognitive disorder
associated with cerebral vascular accident and hypertension, be assessed as
combat related in order to qualify for compensation under the Combat
Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He desires CRSC for his service-connected medical conditions.
In support of his request, the applicant provided documentation associated
with his CRSC application.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant entered active duty on 18 August 1960. He served as an Air
Transportation Supervisor and an Administrative Specialist. On 31 August
1980, he was relieved from active duty in the grade of technical sergeant
and retired from the Air Force on 1 September 1980, having served 20 years
and 13 days on active duty.
Available DVA records reflect a combined compensable rating of 80% for his
unfitting conditions.
His CRSC application was partially approved on 24 February 2004 for
diabetes mellitus rated at 20% and its secondary conditions of paralysis of
the sciatic nerves (right and left lower extremities rated at 10% each);
however, his heart conditions, kidney condition, stroke, and dementia were
disapproved. He subsequently submitted a request for reconsideration of
the disapproved disabilities; however, no new evidence was presented to
confirm these conditions were combat-related.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states the applicant’s conditions do not
meet the mandatory criteria for compensation under the CRSC program. Heart
conditions and their secondary disabilities must be deemed secondary to
diabetes mellitus contracted following exposure to Agent Orange. His
hypertension was diagnosed nearly 30 years prior to the diabetes mellitus.
No evidence can be found relating his diabetes to the heart, renal, or
stroke conditions.
Additionally, being in an armed conflict or exercise environment, being in
a military vehicle, or performing hazardous service (flight crew, EOD,
pararescue, etc.) does not automatically qualify an individual for CRSC.
The DPPD complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 30 June 2006, the evaluation was forwarded to the applicant 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 an 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 an error or injustice; the application was denied without
a personal appearance; and 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-
03850 in Executive Session on 16 January 2007, under the provisions of AFI
36-2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Alan A. Blomgren, Member
Mr. Michael V. Barbino, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Dec 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 16 Jun 06.
Exhibit D. Letter, SAF/MRBR, dated 30 Jun 06.
THOMAS S. MARKIEWICZ
Chair
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