RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-02090
		INDEX CODE:  108.07
		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His service-connected medical conditions, chronic obstructive pulmonary disease and neuritis as a result of right upper lobectomy, be assessed as combat related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act.

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APPLICANT CONTENDS THAT:

His duties while he was stationed at Osan AB, Korea were not only in a real world cease-fire condition, but included war games, practice alerts, and tactical exercises on a daily basis.  Department of Veterans Affairs (DVA) medical records indicate his condition was service-connected due to an x-ray taken in 1985 that showed a spot where the artery/vein malformation occurred, which was the reason for the lobectomy.  

In support of his request applicant provided a personal statement.  His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force on 20 Feb 69.  He was progressively promoted to the permanent grade of master sergeant, having assumed that grade effective and with a date of rank of 1 Jul 87.  He voluntarily retired from the Air Force on 1 Apr 89.  He served 20 years, 1 month, and 11 days on active duty.

Current Department of Veterans Affairs (DVA) records reflect a combined compensable disability rating of 70% for his unfitting conditions.  

His CRSC application was disapproved on 12 Jun 03 based upon the preponderance of evidence that none of his service-connected conditions were determined to be combat-related and that he has not completed 20 years of service.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states although he was treated for various medical conditions throughout his active military career, nothing reflects his treatment was the direct result of an armed conflict or caused by an instrumentality of war.  The mere presence in an area or armed conflict is not sufficient to qualify for CRSC.  Military records must show a definite causal relationship between the armed conflict and the medical condition.  No document exists in the records that show this connection during his period on active duty.  

The DPPD evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states he served for over 20 years with no break in service.  He is not claiming his treatment was a direct result of armed conflict or instrumentality of war, he is claiming his condition was incurred in the performance of duties under conditions simulating war.  He contends his condition is the result of wearing contaminated chemical protective gear during war games and exercises.   His complete submission, with attachments, is at Exhibit E.

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ADDITIONAL AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial.  The Medical Consultant states the applicant is disabled due to emphysema that developed as result of many years of cigarette smoking.  In 1985, when treatment for a positive TB skin test was initiated, his chest x-ray showed evidence of his chronic obstructive lung disease.  There is no evidence he had active tuberculosis and no evidence of lung damage from tuberculosis.  Surgical removal of the right upper lung lobe was prompted by bleeding attributed to abnormal blood vessels and/or emphysema, not tuberculosis.  His chronic lung disease became progressively symptomatic in the ten years after his retirement.  There is no evidence he was exposed to tuberculosis by wearing chemical gear, and the likelihood of such an occurrence is essentially zero.  He was exposed to tuberculosis through exposure to infected individuals most likely while stationed in Korea, a country with a high rate of tuberculosis in the general population.  Nothing in the service medical records or sound medical principles supports a conclusion that his chronic obstructive lung disease was related to wearing chemical protective gear during duties under conditions simulating war.

The Medical Consultant Evaluation is at Exhibit F.

ODUSD(MPP)/Comp reviewed the applicant's request and concurs with the findings and recommendation of the BCMR Medical Consultant.  The ODUSD evaluation is at Exhibit G.

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APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

Copies of the additional Air Force evaluations were forwarded to the applicant on 30 Jul 04 for review and comment within 30 days.  As of this date, this office has received no response.

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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.  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, do not qualify for compensation under the CRSC Act.  We agree with the opinions and recommendations of the Air Force offices of primary responsibility and adopt their 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.

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material 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.

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The following members of the Board considered AFBCMR Docket Number BC-2003-02090 in Executive Session on 6 Oct 04, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 19 Jun 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 14 Aug 03.
    Exhibit D.  Letter, SAF/MRBR, dated 22 Aug 03.
    Exhibit E.  Letter, Applicant, dated 2 Sep 03, w/atchs.
    Exhibit F.  Letter, BCMR Medical Consultant, dated 7 Oct 03.
    Exhibit G.  Letter, ODUSD(MPP)/Comp, dated 21 Jul 04.
    Exhibit H.  Letter, SAF/MRBC, dated 30 Jul 04.