RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03573
		INDEX CODE:  108.07
		COUNSEL:  American Legion

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His service-connected medical conditions, chronic obstructive pulmonary disease, duodenal ulcer, spinal disc condition, residuals of right and left foot injury, limited motion in cervical spine, varicose veins of right and left legs, coronary artery disease, incompetent anal sphincter, chronic laryngitis, hearing loss, mononucleosis, and diabetes mellitus, 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:

Most of his injuries/illnesses happened because of training exercises.  His complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant served a tour of duty in the Navy and in the Air National Guard prior to contracting his initial enlistment in the Regular Air Force on 7 May 84.  He was progressively promoted to the grade of master sergeant, having assumed that grade effective and with a date of rank of 2 May 92.  During his tour on active duty he served as an Inventory Management Specialist and a Traffic Manager.  He voluntarily retired on 1 Apr 00.  He served 20 years and 4 days on active duty.

His CRSC application was disapproved on 7 Oct 03 based upon the fact that although his DVA service-connected medical conditions met the mandatory 60% rating, his conditions were determined to be non-combat related
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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states his records do reflect he was treated for the listed disabilities, although his disabilities are determined to be non-combat related.  His chronic obstructive pulmonary disease with interstitial fibrosis of the lungs is determined to be non-combat related.  He claims he worked across the street from the flight-line breathing jet fumes and that he worked in all types of weather.  According to his records he smoked since 1964.  His duodenal ulcer is also considered non-combat related; he alleges he was a worrier, worrying all the time of completing the mission and stressing himself out.  He claims his coronary artery disease with hypertension was due to stress in trying to do the very best job he could causing his blood pressure to go up.  Since job related stress is not considered unique to the military, his condition is not eligible for CRSC.  His degenerative disc disease of lumbar spine and of the cervical spine was the result of accidentally hitting his head on a floor joist jamming his spine at the same time.  He also alleged his low back pain began when he was jumping off airplanes or trucks.  Injuries by either falling/jumping off or working on a military deice where the injury was not caused by the device itself, but instead error/misjudgment are not considered to be eligible for CRSC.  There is no documentation that his bone spurs on his right and left feet and his varicose veins for tight and left legs are the direct result of armed conflict, hazardous service of instrumentality of war, rather than normal "wear and tear" from other routine causes.  Since the impairment of anal sphincter control is secondary to the non-combat related hemorrhoids, it also would not be combat related.  There is no documentation that his laryngitis was caused by any combat related act or of tinnitus or hearing loss occurrence on active duty.  Mononucleosis is rated at zero percent and diabetes is not rated by the DVA.  

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 23 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 his record does not indicate he participated in combat or hazardous duties.  There is no evidence that directly links any of his disabilities to participation in conditions that simulated war and there is no evidence that he was directly injured leading to disability by an instrumentality of war.  The Medical Consultant Evaluation is at Exhibit E.

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 F.

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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.

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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-2003-03573 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 15 Oct 03.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 12 Jan 04.
    Exhibit D.  Letter, SAF/MRBR, dated 23 Jan 04.
    Exhibit E.  Letter, BCMR Medical Consultant, dated 1 Mar 04.
    Exhibit F.  Letter, ODUSD(MPP)/Comp, dated 21 Jul 04.
    Exhibit G.  Letter, SAF/MRBC, dated 30 Jul 04.