RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00504
		INDEX CODE:  108.07
		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His service-connected medical conditions, back strain, condition of the skeletal system, arteriosclerotic heart disease, and hiatal hernia, 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 receiving hazardous duty pay the entire time he was on active duty.  All of his service-connected disabilities are combat related.  His diabetes caused his heart disease.

In support of his request applicant provided documentation extracted from his medical records.  His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force on 25 Feb 55.  He was progressively promoted to the grade of master sergeant, having assumed that grade effective and with a date of rank of 1 Mar 75.  He voluntarily retired from the Air Force on 31 Jan 80 after serving 23 years, 6 months, and 17 days, on active duty.

His CRSC application was disapproved on 2 Jan 04 based upon the fact that the 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 medical records shows his service-connected medical conditions are not combat related.  For arteriosclerotic heart disease/hypertension to be approved, it must be secondary to Agent Orange contracted diabetes.  He was treated for hypertension as early as 1976, prior to the diagnosis of diabetes mellitus.  He claimed he incurred his back strain loading aircraft.  Loading or lifting heavy objects is not considered to be a combat related activity.  The condition of the skeletal system (right hand) is disapproved based on the fact that injuries sustained while working on a piece of equipment are not eligible for CRSC.  For hiatal hernia to qualify for CRSC, it must be secondary 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:

A copy of the Air Force evaluation was forwarded to the applicant on 25 Jun 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 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.

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 issue 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-2004-00504 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 9 Feb 04.
    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.

                                   Chair