RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01883
		INDEX CODE:  108.07
		COUNSEL:  NONE
		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  19 Dec 05

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APPLICANT REQUESTS THAT:

His service-connected medical conditions, arteriosclerotic heart disease and disfigurement of head, neck or face, 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 conditions are the result of his flying duties during World War II as a combat pilot.  His complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

Applicant was appointed a Reserve second lieutenant on 27 Jul 39 and served various assignments in the Air Corps Reserve, Army of the United States, and on active duty.  He was progressively promoted to the grade of colonel, having assumed that grade effective and with a date of rank of 25 Mar 63.  He served as a pilot aboard transport, tactical bomber, and tactical fighter aircraft.  On 31 Jun 65, he voluntarily retired for years of service.  He served 22 years and 6 days on active duty

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

His CRSC application was disapproved on 2 Jun 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 service connected conditions are not combat related.  His records do not show, while in service, a combat-related event or events that were the direct cause of his disability.  Exposure to the sun, for long periods of time is not considered combat related.  Although stress can be a contributing factor to heart disease, heart disease cannot be approved as combat related based on stress alone.  For arteriosclerotic heart disease to qualify for CRSC, it must be secondary to Agent Orange contracted diabetes of presumptive to POW internment and so stated in the applicable DVA 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 8 Oct 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 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-2004-01883 in Executive Session on 11 Jul 05, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 Jun 04.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 1 Oct 04.
    Exhibit D.  Letter, SAF/MRBR, dated 8 Oct 04.