RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-03770
		INDEX CODE:  108.07
		COUNSEL:  NONE
		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 12 Jun 06

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APPLICANT REQUESTS THAT:

His service-connected medical condition, heart prosthesis, 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 air-evacuated out of Korea with rheumatic fever and a heart valve infection.  He was hospitalized for four months and went before a medical board.  His date of separation was coming shortly and he was to go to Ft. Snelling for disability compensation but he did not go.  

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 served in the United Stated Marine Corps (USMC) from 15 Jun 52 through 15 Jun 55.  He contracted his initial enlistment in the Regular Air Force on 1 Dec 55.  He was progressively promoted to the grade of master sergeant, having assumed that grade effective and with a date of rank of 1 Feb 71.  He served as an Avionics Technician.  He voluntarily retired from the Air Force on 30 Nov 72, having served 20 years on active duty.

Available Department of Veterans Affairs (DVA) records reflect a combined compensable rating of 100% for his unfitting conditions.  

His CRSC application was disapproved on 30 Mar 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 shows his disability may have been linked to a pre-existing condition he claimed periodically throughout service.  He was told he had heart murmurs three months prior to active duty in the USMC, which was not found by civilian physicians.  An entry dated 21 Jun 72, states "He has been diagnosed as having rheumatic fever and rheumatic heart disease in 1954 with some type of episode that he states was acute rheumatic fever in the early 60's.  He was placed at bed rest as a child for approximately two months for pain in his ankles and knees.  He also was told at this time that he had cardiac involvement and a heart murmur..." 

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 21 Jan 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-2004-03770 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 11 Jan 05.
    Exhibit D.  Letter, SAF/MRBR, dated 21 Jan 05.