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AF | BCMR | CY2009 | BC-2008-01818
Original file (BC-2008-01818.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-01818
            INDEX CODE:  111.02
      XXXXXXX    COUNSEL:  NONE
            HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His  service-connected  medical  condition,  coronary  artery  bypass,   be
reevaluated under the Combat Related Special Compensation (CRSC) Program.

________________________________________________________________

APPLICANT CONTENDS THAT:

A Department of Veterans Affairs (DVA) letter dated 6 May 2008,  determined
his conditions were related to his military  service.   Service  connection
has been granted for diabetes mellitus type II  with  impotence  associated
with herbicide exposure.

His complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

On 2 February 1962 the applicant enlisted in the Regular Air Force.  On  28
February 1962, he retired in the grade of master sergeant, after serving 20
years and 27 days on active duty.

The applicant applied for CRSC for coronary  bypass  surgery  on  5 October
2007.  His claim was disapproved on  25  October  2007.   No  evidence  was
provided to confirm his disability was the direct result of armed conflict,
hazardous service, instrumentality of war, or simulating war.  He submitted
new documentation showing newly granted disabilities by the  DVA;  however,
he did not request reconsideration of his previously  disapproved  coronary
artery bypass.  Specifically, he has been granted  service  connection  for
diabetes mellitus and malignant growths of genitourinary system  associated
with  Agent  Orange  (AO)  herbicide  exposure.   On  19   June   2008,   a
determination was made qualifying these conditions as combat related due to
exposure to AO.  His coronary artery bypass remains disapproved.

________________________________________________________________




AIR FORCE EVALUATION:


AFPC/DPPD recommends denial.   DPPD  states  the  applicant  requested  his
coronary artery bypass be considered  combat  related.   For  his  coronary
artery bypass to qualify for CRSC, it must be either secondary to  diabetes
mellitus contracted by exposure to AO herbicides or presumptive to Prisoner
of War (POW) internment, and this must be so stated in the  applicable  DVA
Rating Decision.  His DVA Rating Decision  letter  dated  19 January  2006,
states his heart condition is related to the heart murmur diagnosed  during
his service, rather than to a qualifying combat-related factor.


The complete DPPD evaluation, with attachments, is at Exhibit B.

________________________________________________________________

A copy of the Air Force evaluation was forwarded to applicant  on  11  July
2008 for review and response.  As  of  this  date,  no  response  has  been
received by this office (Exhibit C).

________________________________________________________________

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.  Therefore, in the absence of evidence to the contrary, we  find
no basis to recommend granting the relief sought in this application.

________________________________________________________________

RECOMMENDATION OF THE BOARD:

The applicant be notified that the evidence presented did  not  demonstrate
the existence of error  or  injustice;  that  the  application  was  denied
without a personal appearance;  and  that  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  BC-2008-01818  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 8 May 2008, w/atchs.
   Exhibit B.  Letter AFPC/DPSIDEP, dated 19 June 2008, w/atchs.
   Exhibit C.  Letter, SAF/MRBR, dated 11 July 2008.




            THOMAS S. MARKIEWICZ
            Chair

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