RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01624
		INDEX CODE:  108.07
		COUNSEL:  NONE
		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  23 Jan 06

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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.

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APPLICANT CONTENDS THAT:

His heart condition is classified wrong through the Department of Veterans' Affairs (DVA) and should be secondary to diabetes mellitus.  

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 19 Apr 54.  He was progressively promoted to the grade of master sergeant, having assumed that grade effective and with a date of rank of 1 Sep 73.  He served as an Aircraft Maintenance Technician.  He served in Vietnam from 24 Oct 70 through 17 Oct 71.  He voluntary retired from the Air Force on 31 May 74, having served 20 years, 1 month, and 5 days on active duty.

Available DVA records reflect a combined compensable rating of 100% for his unfitting conditions.  

His CRSC application was disapproved on 12 Feb 04 based upon the fact that his service-connected medical condition was 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 medical records show his arteriosclerotic heart disease is not combat related.  The CRSC office does not change DVA ratings.  The DVA would have to correct the error he is claiming.  He was first diagnosed with diabetes mellitus in 2001. He states his heart failure first occurred in 2001.  His service medical records show his diagnosis of arteriosclerotic heart disease in October 1980, manifested by stable angina high grade triple vessel disease shown in cardiac cauterization.  

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.

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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-2004-01624 in Executive Session on 26 Jul 05, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 12 May 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 24 Jun 04.
    Exhibit D.  Letter, SAF/MRBR, dated 1 Jul 04.