RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01657
		INDEX CODE:  108.07
		COUNSEL:  NONE
		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  25 Nov 05

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APPLICANT REQUESTS THAT:

His service-connected medical conditions, hypertension and hemorrhoids, 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 records show his conditions started in the early 1960s after long stressful missions in B-52 aircraft carrying nuclear weapons.

In support of his request, applicant provided documentation associated with his CRSC application.  His complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

Applicant was appointed a second lieutenant, Reserve of the Air Force on 27 Apr 58 and was voluntarily ordered to extended active duty on that same date.  He was progressively promoted to the grade of colonel, having assumed that grade effective and with a date of rank of 1 Sep 79.  He served as a pilot, primarily aboard B-52 and KC-135 aircraft.  On 30 Apr 88, he voluntarily retired for years of service.  He served 30 years and 4 days on active duty

Available Department of Veterans Affairs (DVA) records reflect a combined compensable rating of 10% for his unfitting conditions.  

His CRSC application was disapproved on 5 May 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 medical records show his hypertension and hemorrhoids are not combat related.  Although stress can be a contributing factor to his conditions, they cannot be approved as combat related based on stress alone.  It is difficult to objectively determine stress as the definitive cause of his conditions rather than other routine causes or his particular physical makeup.  For hypertension to qualify for CRSC it must be secondary to Agent Orange contracted diabetes of presumptive to POW internment and so stated in the rating decision.  His records do not show, while in service, a combat related event that was the direct cause of his hemorrhoids disability.  

The DPPD evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responded that statements made by the DVA review board clearly stated his conditions were caused by the long flying hours in B-52 aircraft.  His flying duty during the Cuban Missile Crisis meets the requirements for CRSC.

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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-2004-01657 in Executive Session on 1 Jun 05, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 May 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 22 Sep 04.
    Exhibit D.  Letter, SAF/MRBR, dated 1 Oct 04.
    Exhibit E.  Letter, Applicant, dated 5 Oct 04.