RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00323
		INDEX CODE:  108.07
		COUNSEL:  NONE
		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  7 AUG 05

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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:

His heart attack occurred while attending Survival School at Tyndall AFB, FL, which was conducted under simulated combat conditions.  He has seven siblings who do not have heart problems so it is apparent his heart attack was a result of duties while attending survival school while on active duty.  

In support of his request, applicant provided a personal statement, documentation extracted from his military records, documentation extracted from his Department of Veterans' Affairs records, and a copy of his identification card.  His complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

Applicant's military personnel records cannot be located.  Data extracted from the reconstructed record and information provided by the applicant reflects that he was placed on the Temporary Disability Retired List with a diagnosis of arteriosclerotic heart disease rated at 60%.  On 5 Apr 72, the USAF Physical Evaluation Board directed that his name be placed on the Permanent Disability Retired List (PDRL) effective 26 Apr 02 with a disability rating of 60%.  He was retired on that date in the grade of lieutenant colonel.  He served 24 years, 2 months, and 29 days on active duty.

Current DVA records reflect a combined compensable rating of 60% for his unfitting conditions, with entitlement to individual unemployability.  

His CRSC application was disapproved on 29 Oct 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 his service medical record, DVA records and personnel records show his arteriosclerotic heart disease is not combat related.  For arteriosclerotic heart disease to qualify for CRSC, it must be secondary to Agent Orange contracted diabetes or presumptive to POW internment and so stated in the rating decision.  

The DPPD evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states all life support/survival schools are conducted under simulated combat conditions.  While parasailing on the last day of the course he was dropped into the Gulf and had to swim to a dingy, retrieve the parasail, and paddle back to shore.  That strain caused his heart attack.  He was subsequently placed on the TDRL and retired with a disability.  His complete response is at Exhibit E.

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ADDITIONAL AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial.  The Medical Consultant states the preponderance of the medical evidence indicates that he suffered a myocardial infarction on 12 Apr 70 after he returned to his home base and not during the period of training.  He experienced a period of pain in the chest and ribs during training in a pattern different than the day of his myocardial infarction that was not typical of arteriosclerotic ischemic heart disease.  The majority of time during his course would not be considered hazardous service except for the short period of time he was on a helicopter after retrieval from a raft and the short period of time parasailing.  The applicant contends the course was conducted under conditions simulating war and would qualify for CRSC on that basis; however, discussion with currently retired Air Force aviators required to attend this course during the 1970s did not recall simulation of combat as a part of the course.  This fact is also confirmed by senior flight surgeons.  He experienced a myocardial infarction approximately 2 days after returning from life support training.  Myocardial infarction, the necrosis (death) of heart muscle resulting in insufficient blood flow.  The development of arteriosclerotic blockage of the coronary arteries takes years and was present before he attended life support training.  Life support training did not cause his underlying arteriosclerotic coronary artery disease.  Although occurring during training, evidence does not clearly establish a direct link to specific activities.  Although his training preceded the onset of the acute heart attack, heart attack is an expected consequence of the natural progression of atherosclerotic coronary artery disease that was established in the applicant prior to the training and would have occurred regardless of the period of training.

The Medical Consultant evaluation is at Exhibit F.

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APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

Applicant responded that he did not have arteriosclerotisis prior to attending life support training or he would have been removed from flight status.  He did not return to his home base until after having a heart attack while attending life support training.  He was removed from flight status and forced to retire.  He reiterates that life support schools are conducted under conditions simulating war and his heart attack was the direct result of stress at life support school. 

His complete response is at Exhibit H.

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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.

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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-2004-00323 in Executive Session on 1 Jun 05, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 29 Jan 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 17 Jun 04.
    Exhibit D.  Letter, SAF/MRBR, dated 25 Jun 04.
    Exhibit E.  Letter, Applicant, not dated.
    Exhibit F.  Letter, BCMR Medical Consultant, dated 6 Apr 05.
    Exhibit G.  Letter, SAF/MRBC, dated 7 Apr 05.
    Exhibit H.  Letter, Applicant, not dated.
    Exhibit I.  Congressional Inquiry, w/atchs.

                                   
                                   Chair