RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03542
		INDEX CODE:  108.07
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His service-connected medical condition, atherosclerotic coronary artery disease, 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 heart disease began during combat missions in Vietnam.  

In support of his request, applicant provided a personal statement, documentation associated with his Department of Veterans Affairs (DVA) ratings decision, separation documents, excerpts from his Officer Military Record, and a physician's statement.  His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant was appointed a second lieutenant, Reserve of the Air Force on 28 Sep 57 and was voluntarily ordered to extended active duty on that same date.  He was progressively promoted to the grade of lieutenant colonel, having assumed that grade effective and with a date of rank of 20 Jun 73.  He served as a pilot, primarily aboard B-52 aircraft.  He participated in the Vietnam air offensive campaign from 29 Jun 66 through 8 Mar 67.  On 30 Sep 77, he voluntarily retired for years of service.  He served 20 years and 3 days on active duty

Current Department of Veterans Affairs (DVA) records reflect a combined compensable rating of 60% for his unfitting conditions, which includes coronary artery disease with cardiomegaly and mild aortic ectasia, Vietnam era incurred at 60%.  

His CRSC application was disapproved on 11 Jul 03 based upon the fact that his service-connected medical condition was determined not to be combat-related.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states he was treated for chest pains in 1973 and had continuous heart problems with treatment including a thirty percent stenosis in November 1975.  He contends his condition began during his combat missions in Vietnam and he has had stabbing chest pains through out his military career in the 70's.  His physician states, "I believe the extreme stress of his combat service caused his chest pains and that it was a major contributor to his coronary disease."  Job related stress is not unique to the military; therefore his condition is not eligible for CRSC.  The fact that his condition was incurred during his military career while completing his assignments as a pilot is not sufficient to support a combat-related determination.  There must be a direct causal relationship between the combat missions and the injury itself.  

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 27 Feb 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 record that his service connected disabilities were incurred as a direct result of armed conflict, while engaged in hazardous service, while engaged in performance of duties under conditions simulating war, or as a result of an instrumentality of war.  Psychological factors, including chronic work stress may contribute to the development of atherosclerotic coronary artery disease, however, acute time limited psychological stress is not a direct risk factor for the development or atherosclerotic coronary artery disease.  His gender, 15 years of cigarette smoking, elevated triglycerides, and strong family history of coronary disease, were very strong, sustained risk factors for the development of his heart disease.  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-2003-03542 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 16 Oct 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 23 Jan 04.
    Exhibit D.  Letter, SAF/MRBR, dated 27 Feb 04.
    Exhibit E.  Letter, BCMR Medical Consultant, dated 3 Aug 04.
    Exhibit F.  Letter, SAF/MRBC, dated 19 Oct 04.