RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02460
		INDEX CODE:  108.07
		COUNSEL:  NONE
		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  18 JAN 07

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APPLICANT REQUESTS THAT:

His service-connected medical condition, hypertension, 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 was on flying status when his condition was incurred.

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 contracted his initial enlistment in the Regular Air Force on 12 Feb 52.  He was progressively promoted to the grade of master sergeant, having assumed that grade effective and with a date of rank of 1 Jul 72.  He served as a Flight Engineer.  He voluntarily retired from the Air Force on 30 Nov 78, having served 26 and 17 days on active duty.

Available Department of Veterans Affairs (DVA) records reflect a combined compensable rating of 30% for his unfitting conditions.  

His CRSC application was approved for tinnitus, rated at 10 percent and hearing loss, rated at 0 percent.  His hypertension was disapproved based upon the fact that the service-connected medical condition was determined not to be combat-related.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states in order for hypertension to qualify for CRSC, this disability must be secondary to Agent Orange contracted diabetes or declared presumptive to POW internment and so stated in the applicable rating decision.  Simply being in an armed conflict or exercise environment, being in a military vehicle, or performing hazardous service does not automatically an individual for CRSC.  

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 29 Jul 05 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-2004-02460 in Executive Session on 28 Feb 06, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 Aug 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 20 Jul 05, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 29 Jul 05.
    Exhibit E.  Letter, SAF/MRBC, dated 9 Dec 04.