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AF | BCMR | CY2008 | BC-2007-01926
Original file (BC-2007-01926.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-01926
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical  condition,  hiatal  hernia,  be  assessed  as
combat-related in  order  to  qualify  for  compensation  under  the  Combat
Related Special Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His condition incurred as a direct result of simulation of war  due  to  the
stress of his duties as a supply service superintendent, while  assigned  to
the Strategic Wing SAC, Bergstrom AFB, TX in 1963.  He  supported  the  B-52
Bombers on alert status, along with his assignment  to  the  3960  Strategic
Wing SAC, Anderson  AB,  Guam  from  1964  to  1967.   His  duties  included
supervising 75 civilian and military subordinates.  He  believes  the  acute
medical incident which occurred on 6 February 1967 was the initial cause  of
his hiatal hernia condition.

In support of his request, the applicant provided a personal  statement  and
documentation associated with his CRSC application.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

After serving 24 years and 17 days on active  duty,  the  applicant  retired
from the Air Force on 1 June 1968 in the grade  of  chief  master  sergeant.
He served as a Supply Services Superintendent.

Available Department of Veterans Affairs (DVA) records  reflect  a  combined
compensable rating of 70% for his unfitting conditions.

His CRSC application was disapproved on 24  November  2003  based  upon  the
fact that his service-connected medical condition was determined not  to  be
combat-related.   He  appealed  the  board’s  decision,  on  three  separate
occasions, all of which were disapproved.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states although stress may  have  been  a
contributing  factor  to  his  hiatal  hernia,  they  cannot  approve   this
disability as combat-related based on stress  alone.   It  is  difficult  to
objectively determine this factor as the definitive cause of  his  condition
rather than other causes or  a  member's  particular  physical  makeup.   In
addition, the fact that the applicant  may  have  incurred  this  disability
during an alert or simulating war, is not sufficient to  support  a  combat-
related determination without once again, a direct relationship between  the
combat-related event or events and the injury itself.  When  determining  if
a condition is eligible for CRSC, DPPD must look at what caused  the  injury
or condition, the  activities  taking  place  at  the  time,  and  resulting
disability.  DPPD can find nothing in  the  available  evidence  that  would
support approval under current CRSC criteria.

The complete DPPD evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant  reviewed  the  evaluation  and  states  his  combat-related   job
injury/disability occurred on 6 February 1967.  His  disease  progressed  18
months and then reached the acute stage ten days before he sought  emergency
medical treatment while in Guam.

Applicant’s complete response, with attachments, is at Exhibit E.

_________________________________________________________________

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.  The available evidence of record does  not
support  a  finding  that  the  service-connected  medical   condition   the
applicant believes is combat-related was 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
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 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 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-
01926 in Executive Session on 28 April 2008, 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 14 June 2007, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 13 August 2007.
    Exhibit D.  Letter, SAF/MRBR, dated 31 August 2007.
    Exhibit E.  Letter, Applicant, dated 5 October 2007, w/atchs.





                                   THOMAS S. MARKIEWICZ
                                   Chair


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