RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-01926
		INDEX CODE:  108.07
		COUNSEL:  NONE
		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His service-connected medical condition, hiatal hernia, 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:

His condition incurred as a direct result of simulation of war due to the stress of his duties as a supply service superintendent, while assigned to the Strategic Wing SAC, Bergstrom AFB, TX in 1963.  He supported the B-52 Bombers on alert status, along with his assignment to the 3960 Strategic Wing SAC, Anderson AB, Guam from 1964 to 1967.  His duties included supervising 75 civilian and military subordinates.  He believes the acute medical incident which occurred on 6 February 1967 was the initial cause of his hiatal hernia condition.

In support of his request, the applicant provided a personal statement and documentation associated with his CRSC application.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

After serving 24 years and 17 days on active duty, the applicant retired from the Air Force on 1 June 1968 in the grade of chief master sergeant.  He served as a Supply Services Superintendent.

Available Department of Veterans Affairs (DVA) records reflect a combined compensable rating of 70% for his unfitting conditions.

His CRSC application was disapproved on 24 November 2003 based upon the fact that his service-connected medical condition was determined not to be combat-related.  He appealed the board’s decision, on three separate occasions, all of which were disapproved.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states although stress may have been a contributing factor to his hiatal hernia, they cannot approve this disability as combat-related based on stress alone.  It is difficult to objectively determine this factor as the definitive cause of his condition rather than other causes or a member's particular physical makeup.  In addition, the fact that the applicant may have incurred this disability during an alert or simulating war, is not sufficient to support a combat-related determination without once again, a direct relationship between the combat-related event or events and the injury itself.  When determining if a condition is eligible for CRSC, DPPD must look at what caused the injury or condition, the activities taking place at the time, and resulting disability.  DPPD can find nothing in the available evidence that would support approval under current CRSC criteria.

The complete DPPD evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the evaluation and states his combat-related job injury/disability occurred on 6 February 1967.  His disease progressed 18 months and then reached the acute stage ten days before he sought emergency medical treatment while in Guam.

Applicant’s complete response, with attachments, 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.  The available evidence of record does not support a finding that the service-connected medical condition the applicant believes is combat-related was 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.

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue involved.  Therefore, the request for a hearing is not favorably considered.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of an error or injustice; the application was denied without a personal appearance; and 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-2007-01926 in Executive Session on 28 April 2008, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 14 June 2007, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 13 August 2007.
    Exhibit D.  Letter, SAF/MRBR, dated 31 August 2007.
    Exhibit E.  Letter, Applicant, dated 5 October 2007, w/atchs.