RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-03758
		INDEX CODE:  108.07
		COUNSEL:  NONE
		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 11 Jun 06

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APPLICANT REQUESTS THAT:

His service-connected medical conditions, asthma, colitis, hip prosthesis, coronary artery bypass, hypertension, varicose veins, and scars, 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:

During Operation Greenhouse in 1952 he was assigned to prepare opening and secure closing of base activities on Eniwetok Atoll.  During a period of six months, five hydrogen bombs were detonated and a miscalculation of wind drift brought excessive radiation to his location.  Geiger counters and pocket dosimeters maxed out several times during two of the shots.  He believes all of his conditions can be directly attributed to this constant over exposure to excessive radiation.

In support of his request, applicant provided a personal statement and documentation associated with his CRSC application.  His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant served various assignments in an enlisted status from 13 Apr 43 to 15 Dec 49.  He was appointed a second lieutenant, Reserve of the Air Force on 16 Dec 49.  He was progressively promoted to the grade of lieutenant colonel on 20 Jun 66.  On 30 Sep 72, he voluntarily retired for years of service.  He served 26 years on active duty

Available Department of Veterans Affairs (DVA) records reflect a combined compensable rating of 90% for his unfitting conditions.  

His CRSC application was disapproved on 2 Mar 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 asthma, colitis, hip prosthesis, coronary artery bypass, hypertension, varicose veins, and scars 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 disabilities.  For asthma to be considered combat related it must be presumptive to Mustard Gas.  Colitis, hip prosthesis and varicose veins are not combat related disabilities.  For coronary artery bypass and hypertension to qualify for CRSC they must be secondary to Agent Orange contracted diabetes mellitus or presumptive to POW internment,.  His records state his scars were caused by vein harvesting for his coronary artery bypass.

The DPPD evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In response to the Air Force evaluation, applicant provided additional copies of documents previously submitted.  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-2004-03758 in Executive Session on 4 Jan 06, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 Dec 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 5 Jan 05.
    Exhibit D.  Letter, SAF/MRBR, dated 14 Jan 05.
    Exhibit E.  Letter, Applicant, dated 1 Dec 04, w/atchs.