RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01097
		INDEX CODE:  108.07
		COUNSEL:  NONE
		HEARING DESIRED:  NO

Mandatory Case Completion Date:  8 Oct 05

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical condition, heart condition, be assessed as combat related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His position at the impact area of the bombing range was simulating war conditions.  During the eight years at this billet he was concerned that near misses would be hazardous and contributed to the stress that initiated his heart condition.  

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant served various assignments in the Army National Guard, on active duty and in the Air National Guard.  He was progressively promoted to the grade of master sergeant, having assumed that grade effective and with a date of rank of 6 Oct 77.  

An MEB was convened on 18 Mar 86 and referred his case to an Informal Physical Evaluation Board (IPEB) with a diagnosis of coronary artery disease.  On 30 Apr 86,the IPEB found him unfit for further military service and recommended he be placed on the Temporary Disability Retired List (TDRL) with a combined compensable rating of 30%.  He was placed on the TDRL on 15 Jul 86.  On 30 Sep 89, he was removed from the TDRL and retired in the grade of master sergeant with a compensable rating of 30%.  He served 12 years, 2 months, and 7 days on active duty and completed 31 years and 6 months of service for basic pay.

Current Department of Veterans Affairs (DVA) records reflect a combined compensable rating of 100% for his unfitting conditions.  

His CRSC application was disapproved on 24 Feb 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 his service medical records show that his heart condition is not combat related.  Although stress can be a contributing factor, 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 the condition rather than routine causes.  For heart condition 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:

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.

_________________________________________________________________

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-2004-01097 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 30 Mar 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.