RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01072
		INDEX CODE:  108.07
		COUNSEL:  NONE
		HEARING DESIRED:  Not Indicated

Mandatory Case Completion Date:  3 Oct 05

_________________________________________________________________

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.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Applicant contends his heart disease occurred while traveling to Patrick AFB, FL to check on surplus supplies.  He had chest pain on the return trip and had to be taken to the hospital.  He served in Iceland and served at the Battle of the Bulge.  He then served in England, Alaska, Newfoundland, and at Guam where he suffered another heart attack.  

In support of his request, applicant provided documentation associated with his CRSC application and documentation extracted from his military and Department of Veterans Affairs (DVA) medical records.  His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Applicant served in the Regular Army from 14 Mar 40 through 28 Jul 50.  He contracted his initial enlistment in the Regular Air Force on 29 Jul 50.  He was progressively promoted to the grade of senior master sergeant, having assumed that grade effective and with a date of rank of 1 Apr 66.  He served as a Supply Manager.  

On 14 Feb 68, a Physical Evaluation Board (PEB) found the applicant unfit for duty with a diagnosis of arteriosclerotic heart disease.  The PEB found his condition was not the direct result of armed conflict and not caused by an instrumentality of war or incurred during a period of war.  The PEB recommended he be permanently retired with a compensable percentage of 80%.  He was retired on 22 Mar 68, having served 27 years, 7 months, and 12 days on active duty.

His CRSC application was disapproved on 24 Mar 04 based upon the fact that his service-connected medical condition was determined not to be combat-related.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states in order 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 DVA rating decision.  

The DPPD evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant's spouse responded to the evaluation and states the applicant suffered five heart attacks prior to his retirement and was diagnosed with diabetes after the second.  The stress and separation from his family, going from extreme hot to extreme cold conditions took a toll on his health.  Because he had no family to care for his children in case she became ill, he was terribly worried about the children.  

Her complete response is at Exhibit E.

_________________________________________________________________

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.

_________________________________________________________________

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.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-2004-01072 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 27 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 25 Jun 04.
    Exhibit E.  Letter, Applicant, dated 29 Jun 04.