RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00250
		INDEX CODE:  108.07
		COUNSEL:  NONE

		HEARING DESIRED:  Not Indicated

Mandatory Case Completion Date:  30 Jul 05

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APPLICANT REQUESTS THAT:

His service-connected medical conditions, hypertensive heart disease, knee prosthesis, degenerative arthritis, and traumatic arthritis, 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 served as a combat crew gunner on bomber aircraft for 28 of the 31 years he served in the Air Force.  He flew in 104 combat missions.  On his last mission he experienced pain in his right knee entering the aircraft and reported to the flight surgeon.  That ended his career flying as a gunner.  He believes his hypertensive heart disease is due to the high stress jobs combined with the 104 combat missions and that his condition should qualify for CRSC.  

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

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STATEMENT OF FACTS:

After serving in the Army of the United states, the Enlisted Reserve Corps, and the Regular Army, the applicant contracted his initial enlistment in the Regular Air Force on 20 May 49.  He was progressively promoted to the grade of senior master sergeant, having assumed that grade effective and with a date of rank of 1 Jul 73.  

An MEB was convened on 14 Aug 72, and referred his case to an Informal Physical Evaluation Board (IPEB) with a diagnosis of mild degenerative joint disease of both knees and hypertension.  On 22 Aug 72, the IPEB found him fit for further military service and recommended that he be returned to service.  The applicant agreed with the findings and recommended disposition of the IPEB and was returned to duty on 25 Aug 72.  

He voluntary retired from the Air Force on 31 Mar 74, having served 31 years, 6 months, and 3 days on active duty.

Available Department of Veterans Affairs (DVA) records reflect a combined compensable rating of 90% for his unfitting conditions.  

His CRSC application was disapproved on 30 Dec 03 based upon the fact that his service-connected medical conditions were determined not to be combat-related.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states a review of his service and DVA medical records failed to show combat related injuries leading to his knee, shoulder, and ankle problems.  His records contain an entry referring to a "direct blow injury" but no evidence can be found that indicates the cause of the injury.  A Standard Form 507, Clinical Record, dated 3 Jul 90 states "right knee problem beginning when a big door on a hanger blew and he crashed into the concrete with his right knee..." but no evidence can be found in his records to substantiate the claim.  Another entry refers to a "severe sprain" that occurred in 1941, prior to his military service, that is ineligible for CRSC.  The remaining documentation indicates no history of trauma to the subject areas of his body.  

Although stress can be a contributing factor to hypertensive heart disease, the condition cannot be approved as combat related based on stress alone, as it is difficult to objectively determine stress as the definitive cause of the disability.  For hypertensive heart disease to qualify for CRSC, it must be secondary to Agent Orange contracted diabetes or POW internment.  In addition, there is no evidence to connect his hypertensive heart disease to his duties as an aerial gunner.  

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 7 Feb 05 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 Air Force office of primary responsibility and adopt its 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-2004-00250 in Executive Session on 6 Apr 05, under the provisions of AFI 36-2603:
The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 21 Jan 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 26 Jan 05.

    Exhibit D.  Letter, SAF/MRBR, dated 4 Feb 05.
    Exhibit E.  Letter, SAF/MRBC, dated 16 Dec 04.

                                   Chair