RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-00176
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: YES
MANDATORY CASE COMPLETION DATE: 11 JAN 08
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, arteriosclerotic heart disease
and vertebral fracture of dislocation, 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 in the Regular Air Force on 4 August 1972.
He served as a Navigator Electronic Warfare/Airborne Command and Control
Special Reconnaissance, Air Operations Officer, Navigator, Life Support,
and Navigator Airlift/Transport. On 31 July 1992, he was relieved from
active duty and retired from the Air Force on 1 August 1992, having served
20 years 2 months, and 26 days on active duty.
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 80% for his unfitting conditions from 1 April 2001.
His CRSC application was disapproved on 18 November 2004 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 the service medical
record confirms the applicant’s cervical condition was related to injuries
sustained from pulling high-G forces in flight. Additionally, the board
found that his impaired hearing and tinnitus were the result of noise
exposure as an aircrew member. Therefore, the Board was able to approve
these conditions for CRSC. For arteriosclerotic heart disease and its
secondary conditions to qualify for CRSC, they must be deemed secondary to
diabetes mellitus contracted following exposure to Agent Orange
(herbicides) or presumptive to Prisoner of War (POW) internment and this
must be so stated in the applicable VA Rating decision letter. No evidence
can be found that indicates applicant has been 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:
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 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.
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 issues 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 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-2007-
00176 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 13 Jan 07, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 13 Feb 07, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 16 Feb 07.
THOMAS S. MARKIEWICZ
Chair
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