RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03843
		INDEX CODE:  108.07
		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His service-connected medical condition, arteriosclerotic heart 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:

He was a crash rescue firefighter in Japan in 1951.  A B-29 aircraft making an emergency landing crashed in a rice paddy.  While extinguishing the flames it blew up burning his eyes and face.  At the time he was told by doctors that his heart had been injured.  

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

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STATEMENT OF FACTS:

Applicant served in the Army Air Corps from 12 Apr 46 through 11 Feb 47.  He contracted his initial enlistment in the Regular Air Force on 6 Jan 71.  He was progressively promoted to the grade of technical sergeant, having assumed that grade effective and with a date of rank of 1 Dec 62.  He served as a Fire Fighter throughout his career.  An MEB was convened on 24 Nov 67 and referred his case to an Informal Physical Evaluation Board (IPEB) with a diagnosis of labile hypertension, hypercholerterolemia, and exogenous obesity.  On 4 Jan 68, the IPEB recommended that he be returned to duty.  The applicant did not concur with the recommended findings. On 5 Feb 68, a Formal PEB found the applicant capable of worldwide duty and directed that he be returned to duty.  He voluntarily retired from the Air Force on 31 Mar 68.  He served 20 years, 10 months, and 20 days on active duty.

On 14 Apr 04, his CRSC application was denied because none of his service connected medical conditions were determined to be combat related.

Documentation provided reflects a DVA combined rating of 80% for his service-connected medical conditions.  He is receiving 100% disability benefits due to unemployability. 

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states in 1967 he was treated for chest pains and he continued to have problems with elevated blood pressure.  It was determined he had Labile Hypertension with no medication required.  A PEB initiated to evaluate his disabilities determined that he was fit for duty.  It was disclosed during the PEB that he was under extreme pressure from family problems.  In addition he was drinking and smoking heavily and advised to follow a healthier diet.  The fact that his disability was incurred during his military career while completing his duties as a fire chief is not sufficient to support a combat related determination.  There is no documentation that his condition is the direct result of armed conflict, hazardous service, or instrumentality of war.  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 20 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 a review of his service medical records and personnel records finds no documentation or references to the incident he states caused his heart disease.  He was treated for malaria in 1946 and 1948 and struck by a train in Tennessee while driving his car in 1950, sustaining head injuries including a concussion and facial fracture.  In February 1965 he was treated for first and second degree burns of his right hand and face. No details of how these burns were incurred are present however the entries clearly indicate there was a "third party liability" involved, which indicates the burns were unrelated to a military accident.  He experienced chest pain off and on beginning in the 1950s, at that time diagnosed as a viral infection.  Towards the end of his career he was diagnosed with high blood pressure and high cholesterol, significant risk factors for the development of atherosclerotic heart disease and heart attacks.  There is no evidence in the record that his disabilities were incurred as a direct result of armed conflict, while engaged in hazardous service, while engaged in the performance of duties under conditions simulating war, as a result of instrumentality of war, or other qualifying conditions.  The Medical Consultant evaluation is at Exhibit E.

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APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

Applicant states he was never struck by a train, but was injured in a car accident in 1950 before volunteering for a tour in Korea during the Korean War, in 1965 he was burned while fighting a house fire, in 1955 he was on board two aircraft that crashed landed, and he was involved in removing bodies and extinguishing fires in an aircraft accident that occurred in 1951 or 1952.  He cannot say what caused his heart trouble but prior to 1950 he had none.  His siblings are in good health and his family has no history of heart trouble.  His complete response, is at Exhibit G.

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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 condition the applicant believes is combat-related was 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, does 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-2003-03843 in Executive Session on 23 Feb 05, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 Nov 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 11 Feb 04.
    Exhibit D.  Letter, SAF/MRBR, dated 20 Feb 04.
    Exhibit E.  Letter, BCMR Medical Consultant, dated 2 Nov 04.
    Exhibit F.  Letter, SAF/MRBC, dated 3 Nov 04.
    Exhibit G.  Letter, Applicant, dated 22 Nov 04.
    Exhibit H.  Congressional Inquiry, dated 12 Oct 04.