RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-03158
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 20 APR 08
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions , diabetes mellitus, coronary
artery bypass, circulatory condition, glaucoma, 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. He was
exposed to Agent Orange in Vietnam while enroute to Thailand in April 1967
for approximately eight hours due to engine repair and aircraft refueling.
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 contracted his initial enlistment in the Air Force on 13
September 1954, with prior service in the Army. He was progressively
promoted to the grade of staff sergeant, having assumed that grade
effective and with a date of rank of 1 May 67. He served as a
Communication Specialist. On 30 September 1972, he was relieved from
active duty and retired from the Air Force on 1 October 1972, having served
21 years, 7 months, and 2 days on active duty.
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 80% for his unfitting conditions.
His CRSC application was disapproved on 7 July 2006 for coronary artery
bypass rated at 60%, circulatory condition rated at 20%, diabetes mellitus
rated at 20%, glaucoma rated at 10%, and hypertension rated at 10% based
upon the fact that his service-connected medical conditions were determined
not to be combat-related.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states a review of applicant’s service
medical records and personnel records provides no evidence to indicate he
served in, or was on temporary duty to Vietnam, or that he was ever exposed
to Agent Orange. For diabetes mellitus and its secondary conditions to be
eligible for compensation under CRSC, the diabetes mellitus must be granted
by the VA as presumptive to Agent Orange exposure and so stated in the
applicable rating decision. The VA Rating Decision relating to applicant’s
diabetes mellitus does not declare this condition as presumptive since he
did not physically serve in Vietnam; therefore, clear evidence must exist
to attest to his exposure to Agent Orange by other means.
The DPPD complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 16 February 2007, the evaluation was forwarded to the applicant for
review and comment within 30 days (Exhibit D). 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 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-2006-
03158 in Executive Session on 17 May 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 4 Oct 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 13 Feb 07.
Exhibit D. Letter, SAF/MRBR, dated 16 Feb 07.
THOMAS S. MARKIEWICZ
Chair
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