Search Decisions

Decision Text

AF | BCMR | CY2008 | BC-2008-00888
Original file (BC-2008-00888.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-00888
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  NO

______________________________________________________________

APPLICANT REQUESTS THAT:

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

______________________________________________________________

APPLICANT CONTENDS THAT:

His arteriosclerotic heart disease was caused by combat  stress.   His  CRSC
was approved but compensation was denied.  The statement “we cannot  approve
arteriosclerotic heart disease as  being  combat  related  based  on  stress
alone” is arbitrary and subjective.   The  denial  may  have  been  made  by
individuals inexperienced with combat  stress.   He  flew  over  350  combat
missions and had 2 Vietnam tours.

Applicant’s complete submission is at Exhibit A.

______________________________________________________________

STATEMENT OF FACTS:

On 11 Aug 56, the applicant entered active duty in the  Regular  Air  Force.
He was progressively promoted to the grade of  colonel  having  assumed  the
grade effective and with a date of rank of  6  Nov  81.   He  was  honorably
retired on 1 Sep 86.  He served 30 years and 20 days on active duty.

On 31 Jan 06, his request for  CRSC  was  partially  approved  for  impaired
hearing.  The arteriosclerotic heart  disease  was  disapproved  because  no
evidence was provided to support his contention  that  this  disability  was
the direct result of armed conflict, hazardous service,  instrumentality  of
war, or simulating war.

______________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD  recommends  denial.   DPPD  states  in   the   applicant’s   CRSC
application he stated that his arteriosclerotic heart disease was caused  by
combat stress.  His service medical records reflect his  heart  disease  was
related to polycythemia,  hypertension  and  smoking  two  cigars  per  day.
There was no documentation showing a definite, causal  relationship  between
a combat related event and arteriosclerotic heart disease  as  required  for
approval in  the  CRSC  program.   For  arteriosclerotic  heart  disease  to
qualify  for  CRSC,  it  must  be  either  secondary  to  Diabetes  Mellitus
contracted by exposure to Agent Orange or presumptive  to  Prisoner  of  War
(POW) interment, and this must be so stated  in  the  applicable  VA  Rating
decision.

APFC/DPPD's complete evaluation, with attachments, is at Exhibit C.

______________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 23  May
08 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.  The available evidence of record does  not
support  a  finding  that  the  service-connected  medical   condition   the
applicant believe 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.

______________________________________________________________

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-2008-
00888 in Executive Session on 12 Aug 08, 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 25 Feb 08, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 16 May 08, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 23 May 08.





                                             THOMAS S. MARKIEWICZ
                                             Chair

Similar Decisions

  • AF | BCMR | CY2005 | BC-2004-02547

    Original file (BC-2004-02547.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-02547 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 20 Feb 06 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical condition, arteriosclerotic heart disease, dermatophytosis, flat foot condition, and residuals of cold injury (both feet), be assessed as combat related in...

  • AF | BCMR | CY2005 | BC-2004-01072

    Original file (BC-2004-01072.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-01072 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: Not Indicated Mandatory Case Completion Date: 3 Oct 05 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical condition, arteriosclerotic heart disease, be assessed as combat related in order to qualify for compensation under the Combat Related Special...

  • AF | BCMR | CY2005 | BC-2004-03571

    Original file (BC-2004-03571.DOC) Auto-classification: Denied

    _________________________________________________________________ STATEMENT OF FACTS: Applicant was appointed a second lieutenant, Reserve of the Air Force on 8 Feb 73 and was voluntarily ordered to extended active duty on that same date. 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. ...

  • AF | BCMR | CY2005 | BC-2004-00323

    Original file (BC-2004-00323.DOC) Auto-classification: Denied

    DPPD states his service medical record, DVA records and personnel records show his arteriosclerotic heart disease is not combat related. Although his training preceded the onset of the acute heart attack, heart attack is an expected consequence of the natural progression of atherosclerotic coronary artery disease that was established in the applicant prior to the training and would have occurred regardless of the period of training. The Medical Consultant evaluation is at Exhibit...

  • AF | BCMR | CY2006 | BC-2005-02308

    Original file (BC-2005-02308.DOC) Auto-classification: Denied

    He contracted his initial enlistment in the Regular Air Force on 25 Sep 72. 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. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error...

  • AF | BCMR | CY2005 | BC-2004-01883

    Original file (BC-2004-01883.DOC) Auto-classification: Denied

    DPPD states a review of his service and DVA medical records show his service connected conditions are not combat related. 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,...

  • AF | BCMR | CY2007 | BC-2007-00089

    Original file (BC-2007-00089.DOC) Auto-classification: Denied

    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...

  • AF | BCMR | CY2005 | BC-2004-00970

    Original file (BC-2004-00970.DOC) Auto-classification: Denied

    In support of his request, applicant provided a personal statement, documentation extracted from his medical records and documentation associated with his CRSC application. DPPD states a review of his service and DVA records does not show that his conditions are combat related. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice;...

  • AF | BCMR | CY2007 | BC-2007-00176

    Original file (BC-2007-00176.doc) Auto-classification: Denied

    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...

  • AF | BCMR | CY2005 | BC-2004-01624

    Original file (BC-2004-01624.DOC) Auto-classification: Denied

    Available DVA records reflect a combined compensable rating of 100% for his unfitting conditions. DPPD states a review of his service and DVA medical records show his arteriosclerotic heart disease is not combat related. The DPPD evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 1 Jul 04 for review and comment within 30 days.