RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00970
		INDEX CODE:  108.07
		COUNSEL:  NONE
		HEARING DESIRED:  Not Indicated

MANDATORY CASE COMPLETION DATE:  26 Sep 05

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APPLICANT REQUESTS THAT:

His service-connected medical conditions, arteriosclerotic heart disease, diabetes mellitus, paralysis of all radicular nerve groups, and paralysis of external popliteal nerve, 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:

Diabetes mellitus is a genetic disease that is triggered by stress or diet.  Both of these causes were present during the 15 months he was in a combat situation on the Solomon Islands.  As a B-24 pilot he was under continual stress.  Flight meals for the 10-12 hour missions consisted of water, coffee, bread, cheese and a slab of pressed corn beef.  After the war was over he had especially hazardous flying duty in Europe.  He was assigned in, Germany during the period when Europe was recovering from the rubble of war and when the Russians were demanding more territory.  More hazardous duty was performed training in C-124 aircraft, in which he flew missions in support of military missions in Korea.

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

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STATEMENT OF FACTS:

Applicant enlisted in the Army of the United States on 15 Apr 42.  He was discharged on 21 Apr 43 and appointed a second lieutenant, Army of the United States, on 22 Apr 43.  He was appointed a captain, Air Reserves, on 18 Jun 47.  He was progressively promoted to the grade of lieutenant colonel, having assumed that grade effective and with a date of rank of 2 Apr 63.  On 28 Feb 66, he voluntarily retired for years of service.  He served 23 years, 10 months, and 16 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 17 Feb 04 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 records does not show that his conditions are combat related.  Records do not show, while in service, a combat related event or events that were the direct cause of his disabilities.  Although stress can be a contributing factor to heart disease, heart disease cannot be approved as combat related based on stress alone as it is difficult to objectively determine this factor as the definitive cause of his conditions.  For heart disease and paralysis of the nerves to qualify for CRSC, they must be secondary to Agent Orange contracted diabetes or presumptive to POW internment.  For diabetes mellitus to qualify for CRSC, it must be specifically granted by the DVA as presumptive to Agent Orange.  

The DPPD evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states his disabilities were present in various stages during his 24 years of service.  Data is present in his records documenting the various items requiring medical care.  His disabilities have been classified as service connected by the DVA.  The disabilities were occurring during his 15 months in a combat zone during World War II.  They also occurred during his years of hazardous duty in occupied Germany, during the Berlin Airlift, and during his flying over the Pacific during the Korean War.  He was granted 100% by the DVA based on information contained in his service records and the comments made by his private physicians.  His complete response is at Exhibit E.

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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-2004-00970 in Executive Session on 25 Apr 05, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 11 Mar 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 21 Jun 04.
    Exhibit D.  Letter, SAF/MRBR, dated 1 Jul 04.
    Exhibit E.  Letter, Applicant, dated 20 Jul 04.