RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00046
		INDEX CODE:  108.07
		COUNSEL: 
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		HEARING DESIRED:  NO
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MANDATORY CASE COMPLETION DATE:  10 Jul 05

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APPLICANT REQUESTS THAT:

His medical conditions, Arteriosclerotic Heart Disease, Vascular Dementia, and Thrombosis of the Brain, 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 vascular conditions are due to the stress of flight duties.

His complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant is a former Army Air Corps member who entered active duty on 7 February 1943.  He was progressively promoted to the grade of technical sergeant.  He served as a B-29 remote-turret gunner and flight engineer during World War II and the Korean War.  He also performed duties in support of United Nations operations in the Congo.  He was disability retired due to his residuals of cerebrovascular disease including his cognitive deficits, having served 20 years, 10 months, and 5 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 18 December 2003, based upon the fact that his service-connected medical conditions were determined not to be combat-related.  However, on 25 April 2005, his hearing loss was approved for 50% and his ear infections were approved for 10%.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant is of the opinion that while the applicant’s hearing loss qualifies for CRSC, his other conditions do not.  The BCMR Medical Consultant states, in part, that applicant’s hearing loss is related to hazardous noise exposure during the thousands of hours of aerial flight and duties as an aerial gunner; however, his external ear infections are related to hearing aid wear and not combat-related duties.

The BCMR Medical Consultant 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 14 December 2004 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 opinion and recommendation of the BCMR Medical Consultant and adopt his 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-2004-01402 in Executive Session on 6 April and 3 May 2005, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 30 Dec 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 10 Dec 04.
    Exhibit D.  Letter, SAF/MRBR, dated 14 Dec 04.

                                   Chair