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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