RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-03225
		INDEX CODE:  108.07
		COUNSEL:  NONE
		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  2 Apr 06

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APPLICANT REQUESTS THAT:

1.  His service-connected medical conditions, coronary artery bypass, degenerative arthritis, limited motion in cervical spine, limited motion of arm, and limited motion of ankle, be assessed as combat related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act.

2.  He be provided the status of the citations for award of the Distinguished Flying Cross and Silver Star medals.

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APPLICANT CONTENDS THAT:

A pattern of stressful, physical, mental, traumatic, heart breaking, challenging events while on active duty in combat related events progressed his condition to the 100% disability rating awarded by the Department of Veterans' Affairs (DVA).  His other injuries are the result of an ejection in an F-86 aircraft and his duties flying aircraft under combat situations. 

In support of his request, applicant provided documentation associated with his CRSC application and documentation extracted from his DVA and military personnel records.  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 4 Jun 57.  He was progressively promoted to the grade of colonel, having assumed that grade effective and with a date of rank of 1 Dec 78.  He served as a pilot aboard a variety of primarily fighter aircraft.  On 31 Dec 83, he voluntarily retired for years of service.  He served 26 years, 6 months, and 27 days on active duty

His CRSC application was disapproved on 6 Nov 03 based upon the fact that his service-connected medical conditions were determined not to be combat-related.

In response to his requests regarding the DFC and the SS medals, AFPC/DPPPRA provided a letter to the applicant informing him that reaccomplished DFC citations will be forthcoming and also providing him guidance pertaining to the SS medal.  The applicant indicated in his response to the DPPD evaluation that he was satisfied with their response. 

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states a review of his service and DVA medical records show his coronary artery bypass, degenerative arthritis, limited motion in cervical spine, limited motion of arm, and limited motion of ankle are not combat related.  Although stress can be a contributing factor for heart disease, CRSC cannot be approved as combat related based on stress alone since it is difficult to objectively determine this factor as the definitive cause of the condition rather than other causes.  For coronary artery disease to qualify for CRSC, it must be secondary to Agent Orange contracted diabetes or presumptive to POW internment and so stated in the applicable rating decision.  With regard to his degenerative arthritis, limited motion in cervical spine, limited motion of arm, and limited motion of ankle, DPPD states there are two physicals dated 1968 and 1969 and in neither of the physicals is there any mention of being injured.  CRSC determination can only be made on the basis of documentary information in the records as distinguished from personal opinions or accounts.  

The DPPD evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states his ejection was in 1959, not 1968 as stated by DPPD.  While it may be difficult to determine stress as the cause of his heart disease, his parents lived to age 84 and passed away due to natural causes.  He passed all his physicals during his 30 years of service.  He avoided flight surgeons because of their ability to ground pilots.  The hazardous duties associated with flying combat aircraft all contributed to the stress of his heart and heart failures.  

His complete response is at Exhibit E.  

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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-2004-03225 in Executive Session on 7 Sep 05, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 7 Oct 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 10 Nov 04.

    Exhibit D.  Letter, AFPC/DPPPRA, dated 1 Dec 04.
    Exhibit E.  Letter, SAF/MRBR, dated 10 Dec 04.
    Exhibit F.  Letter, Applicant, dated 22 Dec 04, w/atchs.