RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-01009
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
______________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected disability, hypertension, be reevaluated as combat-
related in order to qualify for compensation under the Combat Related
Special Compensation (CRSC) Act.
______________________________________________________________
APPLICANT CONTENDS THAT:
The Department of Veterans Affairs (DVA) reevaluated his disability and
determined it was the result of Agent Orange exposure.
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:
On 12 Mar 57, the applicant contracted his initial enlistment in the
Regular Air Force. He was progressively promoted to the grade of master
sergeant having assumed the grade effective and with a date of rank of 1
Aug 77. He was honorably retired on 1 Apr 85.
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 50% for his unfitting conditions.
On 30 Dec 04, he submitted an application for CRSC for hypertension. On 15
Feb 05, his application was disapproved for lack of evidence of a
contributing combat-related factor. He was subsequently granted service-
connection by the DVA for diabetes mellitus and renal involvement with
systemic disease. On 22 May 08, his diabetes mellitus and renal
involvement with systemic disease process was approved for CRSC. The
hypertension was again denied. There was no evidence to show that his
hypertension was the direct result of armed conflict, hazardous service,
instrumentality of war, or simulating war.
______________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states the applicant's medical condition
does not the meet the mandatory criteria for compensation under the CRSC
program. For hypertension to qualify for CRSC, it must be secondary to
diabetes mellitus contracted due to exposure to Agent Orange or presumptive
to prisoner of war internment, and this must be stated in the applicable
Veterans Affairs (VA) Rating Decision. The DVA rating decision dated 6 Aug
85 notes he received medication for hypertension in 1981 and the rating
decision dated 25 Jun 07 reflects he was diagnosed with diabetes mellitus
in November 2006.
APFC/DPSD'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 13 Jun
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 Board majority believes 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. The Board majority agrees with the opinion and
recommendation of the Air Force office of primary responsibility and adopts
its rationale as the basis for their conclusion that the applicant has not
been the victim of an error or injustice. In the absence of evidence to
the contrary, the Board majority finds no compelling basis to recommend
granting the relief sought in this application.
______________________________________________________________
RECOMMENDATION OF THE BOARD:
A majority of the panel finds insufficient evidence of error or injustice
and recommends the application be denied.
______________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2008-
01009 in Executive Session on 19 Aug 08, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Alan A. Blomgren, Member
Mr. Michael V. Barbino, Member
By majority vote, the Board recommended denying the application. Mr.
Markiewicz voted to grant the relief requested but does not desire to
submit a Minority Report. The following documentary evidence was
considered:
Exhibit A. DD Form 149, dated 11 Feb 08, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSD, dated 22 May 08, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 13 Jun 08.
THOMAS S. MARKIEWICZ
Chair
AFBCMR BC-2008-01009
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
FOR CORRECTION OF MILITARY RECORDS (AFBCMR)
SUBJECT: AFBCMR Application of.
I have carefully reviewed the evidence of record and the
recommendation of the Board members. A majority found that applicant had
not provided substantial evidence of error or injustice and recommended the
case be denied. I concur with that finding and their conclusion that
relief is not warranted. Accordingly, I accept their recommendation that
the application be denied.
Please advise the applicant accordingly.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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