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
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