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AF | BCMR | CY2007 | BC-2006-03158
Original file (BC-2006-03158.doc) Auto-classification: Denied


                            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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