RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01933
		INDEX CODE:  108.07
		COUNSEL:  NONE
		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  20 Dec 05

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APPLICANT REQUESTS THAT:

His service-connected medical conditions, duodenal ulcer, back injury, tinnitus, and quadruple heart bypass, 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:

He received the Purple Heart for combat wounds received on a combat flight on 5 Oct 44.  

In support of his request, applicant provided documentation associated with his CRSC application, and documents extracted from his Department of Veterans' Affairs records.  His complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

Applicant enlisted in the National Guard on 26 Nov 34.  He served in the National Guard and Army of the United States until his discharge on 4 Dec 43.  On 5 Dec 43 he was appointed a second lieutenant, Army of the United States.  He served a variety of assignments in the Army, Air Reserve and in the Regular Air Force.  He was progressively promoted to the grade of lieutenant colonel, having assumed that grade effective and with a date of rank of 1 Jun 59.  On 8 Feb 64, he was retired by reason of physical disability, for a duodenal ulcer, rated at 20%.  He served 21 years, 7 months, and 21 days on active duty

His CRSC application was disapproved on 8 Apr 04 based upon the fact that his service-connected medical condition was determined not to be combat-related.  Upon re-evaluation of his request, he was approved for CRSC for residuals of cold injury, left leg, rated at 30%; residuals of cold injury, right leg, rated at 30%,; and impaired hearing, rated at 10%.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states a review of his service and DVA medical records show his duodenal ulcer, back injury, quadruple heart bypass, and tinnitus are not combat related.  To qualify for CRSC his quadruple heart bypass must be secondary to Agent Orange contracted diabetes or presumptive to POW internment and so stated in the applicable rating decision.  For duodenal ulcer to qualify for CRSC, it must be presumptive to POW internment and so stated in the applicable rating decision.  His back injury has not been rated as service connected by the DVA and cannot be approved for CRSC.  In order for tinnitus to qualify for CRSC, evidence must be presented that the condition was attributed to noise exposure during his career as a pilot and manifested while in service. 

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 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-2004-01933 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 14 Jun 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 23 Jun 04.
    Exhibit D.  Letter, SAF/MRBR, dated 1 Jul 04.