RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00975
		INDEX CODE:  108.07
		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His service-connected medical condition, hypertension, 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:

Applicant makes no contentions with respect to his hypertension.

In support of his request, applicant provided documentation pertaining to his CRSC denial and his Department of Veterans Affairs (DVA) rating decision.  His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Air National Guard on 27 Mar 53 and contracted his initial enlistment in the Regular Air Force on 29 Jan 54.  He was progressively promoted to the grade of senior master sergeant, having assumed that grade effective and with a date of rank of 1 Sep 73.  He served as an Avionics Technician.  He voluntary retired from the Air Force on 30 Nov 77, having served 30 years and 5 days on active duty.

Current Department of Veterans Affairs (DVA) records reflect a compensable rating of 10% for his unfitting condition.  

His CRSC application was disapproved on 11 Mar 04 based upon the fact that his service-connected medical conditions were determined not to be combat-related.  On 18 Jun 04, applicant's submission was reconsidered and his malignant growth genitourinary, Agent Orange presumptive, was approved, rated at 60%.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states the applicant's hypertension is not combat related.  For hypertension to qualify for CRSC it must be secondary to Agent Orange contracted diabetes of presumptive of 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 1 Jul 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 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 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 issues 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-2004-00975 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 22 Mar 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 22 Jun 04.
    Exhibit D.  Letter, SAF/MRBR, dated 1 Jul 04.