RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-01229
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, intervertebral disc syndrome,
hypertension, arteriosclerotic heart disease, and peripheral vascular
disease (right and left legs), be assessed as combat-related in order to
qualify for compensation under the Combat Related Special Compensation
(CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
While in the Air Force he served as a chaplain. Once a week he would fly
on one of the missions on a B-52 aircraft for moral support. These flights
were the greatest tension experienced in his life. His hypertension and
heart disease was caused by combat stress while serving in Thailand during
the Vietnam War. Stress was a contributing factor to both hypertension and
intervertebral disc syndrome.
In support of his request, the applicant provided documentation associated
with his CRSC application.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
After serving 20 years and 25 days on active duty, the applicant retired
from the Air Force on 1 November 1981 in the grade of lieutenant colonel
having assumed that temporary grade effective and with a date of rank of 12
February 1974. He served as a Chaplain.
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 90% for his unfitting conditions.
His CRSC application was disapproved on 29 October 2003 based upon the fact
that his service-connected medical conditions were determined not to be
combat-related. He appealed the decision and on 12 September 2007 the
appeal was disapproved.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states for hypertension and related
heart or vascular disabilities to qualify for CRSC, it must be either
secondary to diabetes mellitus contracted by exposure to Agent Orange
(herbicides) or presumptive to Prisoner of War (POW) internment, and this
must be so stated in the applicable DVA Rating Decision. There was no
evidence the applicant was a POW and he stated he did not set foot on
Vietnamese soil which eliminates the possibility of presumptive exposure to
Agent Orange.
Furthermore, to approve a disability for CRSC, documentation must be
provided showing a definite, causal relationship between a combat-related
event and the resulting injury. There was no evidence of any incidents,
accidents, or events while flying that caused intervertebral disc syndrome.
This lack of evidence prevents consideration under current CRSC criteria.
While the applicant’s conditions meet the DVA requirements for service-
connected compensation, the evidence does not support compensation under
CRSC.
The complete DPPD evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the evaluation and asks the Board to disregard the
unwarranted, unrelated, extraneous, verbose, obfuscating comments of the
evaluation. Is any part of his military disability combat related? If so
let the record so indicate.
The applicant’s complete response 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 conditions the
applicant believes are combat-related were 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, do 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-
01229 in Executive Session on 19 August 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 29 November 2007, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 24 June 2008, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 27 June 2008.
Exhibit E. Letter, Applicant, dated 21 July 2008.
THOMAS S. MARKIEWICZ
Chair
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