RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02547
		INDEX CODE:  108.07
		COUNSEL:  NONE
		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  20 Feb 06

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APPLICANT REQUESTS THAT:

His service-connected medical condition, arteriosclerotic heart disease, dermatophytosis, flat foot condition, and residuals of cold injury (both feet), 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:

Applicant makes no contentions.

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 22 Jul 52.  He was progressively promoted to the grade of staff sergeant, having assumed that grade effective and with a date of rank of 1 Jun 62.  He served as a Material Facilities Technician.  He voluntarily retired from the Air Force on 13 Jul 72, having served 20 years and 9 days on active duty.

His CRSC application was disapproved on 6 May 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, dermatophytosis, flat foot condition, and residuals of cold injury (both feet) are not combat related.  His records do not show, while in service, a combat-related event or events that were the direct cause of either the flat foot condition or dermatophytosis.  Although stress can be a contributing to arteriosclerotic heart disease, the condition cannot be approved based on stress alone since this factor cannot be objectively determined as the definitive cause of this condition rather than other causes.  For arteriosclerotic heart disease to qualify for CRSC, it must be secondary to Agent Orange contracted diabetes or presumptive to POW internment and so stated in the 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 3 Dec 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-2004-02547 in Executive Session on 13 Oct 05, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 6 Aug 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 2 Dec 04.
    Exhibit D.  Letter, SAF/MRBR, dated 3 Dec 04.