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 the CRSC Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He trained and supported the WWII, Korean, Vietnam and Cold War efforts
during his Army and Air Force military career.
In support of his request, applicant provides a copy of his CRSC
application with associated documents and excerpts from his military
personnel record. His complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 24 September 1966, the applicant retired from the Air Force in the grade
of major, after serving 22 years, 1 month, and 1 day on active duty.
On 22 April 2004, the applicant’s original request for CRSC for
Arteriosclerotic Heart Disease, Spinal Disc condition and Traumatic
Arthritis of the Dorsal Spine was disapproved. However, another review of
the applicant’s medical record reflected his back conditions were related
to injuries sustained from an ejection in 1963. Therefore, the CRSC Board
approved these disabilities.
The applicant’s request for CRSC for Arteriosclerotic Heart Disease was
disapproved.
Available Department of Veterans Affairs (DVA) records reflect a VA Rating
Decision, dated 25 January 2000, with a combined compensable rating of 90%
for his unfitting conditions.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD advises that for Arteriosclerotic Heart
Disease to qualify for CRSC, it must be deemed secondary to Diabetes
Mellitus contracted following exposure to Agent Orange (herbicides) or
presumptive to Prisoner of War (POW) internment. No evidence can be found
that indicates the applicant was diagnosed with Agent Orange-related
Diabetes Mellitus or that he was ever interned as a POW. The DPPD complete
evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was sent to the applicant on 2 arch 2007
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
basis to recommend granting the relief sought in this application.
4. The applicant’s case is adequately documented and it has not been shown
that a personal appearance with or without counsel will materially add to
our understanding of the issue involved. Therefore, the request for a
hearing is not favorably considered.
_________________________________________________________________
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 Docket Number BC-2006-00089
in Executive Session on 17 May 2007, under the provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Michael V. Barbino, Member
Mr. Alan A. Blomgren, Member
The following documentary evidence pertaining to Docket Number BC-2006-
00089 was considered:
Exhibit A. DD Form 149, dated 30 Dec 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 20 Feb 07, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 2 Mar 07.
THOMAS S. MARKIEWICZ
Chair
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