RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03283
		INDEX CODE:  108.07
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His service-connected medical conditions, asthma, chronic obstructive lung disease, and lumbar spinal injury, 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:

As a telecommunications technician he performed hundreds of combat simulated exercises.  Early in his service years the military issued cigarettes in the form of C-Rations and allowed smoking in Government buildings.  Safety belt harnesses were not used as they are today and he was exposed to materials such as the lead casings that were used in the maintenance of cables and asbestos.  The previous denial of his application does not mention his chronic obstructive lung disease, which is a separate entity from his asthma.  

In support of his request, applicant provided a personal statement, his CRSC denial letter, and documentation extracted from his Department of Veterans Affairs (DVA) medical records.  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 16 Nov 73.  He was progressively promoted to the grade of master sergeant, having assumed that grade effective and with a date of rank of 1 Apr 92.  He served as a Telecommunications and Distribution Communications Systems technician. On 30 Nov 97, he voluntarily retired for maximum years of service.  He served 24 years and 15 days on active duty

Current Department of Veterans Affairs (DVA) records reflect a combined compensable rating of 100% for his unfitting conditions. 

His CRSC application was disapproved on 21 Aug 03 based upon the fact that his service-connected medical condition was determined not to be combat-related or the direct result of duty performed under conditions simulating war.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states his contention that his chronic obstructive pulmonary disease and asthma being two separate entities is not substantiated by DVA determinations.  Both disabilities are combined and rated as asthma and are related to his heavy smoking.  He was advised from 15 Nov 78 through 20 Dec 95 to attend smoking cessation classes, but never complied.  His lumbar spine disability started on 19 Feb 91 and relates to low back pain due to heavy lifting at work, but he blames it on not having back support belts as they have today.  

The fact that a member may have incurred a medical condition during a period of war or while assigned to a location performing simulated combat exercises is not sufficient to support a combat-related determination.  A review of his records failed to show a combat-related connection for these conditions.  The preponderance of evidence shows normal duties performed during the completion of his military responsibilities and do not appear to be presumptive.  

The DPPD evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 16 Jan 04 for review and comment within 30 days.  As of this date, this office has received no response.

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ADDITIONAL AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial.  The Medical Consultant states there is no evidence in the applicant's record that his service connected disabilities were incurred as a direct result of armed conflict, while engaged in hazardous service, or as a result of an instrumentality of war.  The Medical Consultant Evaluation is at Exhibit E.

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APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy of the additional Air Force evaluation was forwarded to the applicant on 19 Oct 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.

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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-2003-03283 in Executive Session on 14 Dec 04, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 25 Sep 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 5 Jan 04.
    Exhibit D.  Letter, SAF/MRBR, dated 16 Jan 04.
    Exhibit E.  Letter, BCMR Medical Consultant, dated 3 Aug 04.
    Exhibit F.  Letter, SAF/MRBC, dated 19 Oct 04.