RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2008-01818
		INDEX CODE:  111.02
	XXXXXXX	COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His service-connected medical condition, coronary artery bypass, be reevaluated under the Combat Related Special Compensation (CRSC) Program. 

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APPLICANT CONTENDS THAT:

A Department of Veterans Affairs (DVA) letter dated 6 May 2008, determined his conditions were related to his military service.  Service connection has been granted for diabetes mellitus type II with impotence associated with herbicide exposure.  

His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 2 February 1962 the applicant enlisted in the Regular Air Force.  On 28 February 1962, he retired in the grade of master sergeant, after serving 20 years and 27 days on active duty. 

The applicant applied for CRSC for coronary bypass surgery on 5 October 2007.  His claim was disapproved on 25 October 2007.  No evidence was provided to confirm his disability was the direct result of armed conflict, hazardous service, instrumentality of war, or simulating war.  He submitted new documentation showing newly granted disabilities by the DVA; however, he did not request reconsideration of his previously disapproved coronary artery bypass.  Specifically, he has been granted service connection for diabetes mellitus and malignant growths of genitourinary system associated with Agent Orange (AO) herbicide exposure.  On 19 June 2008, a determination was made qualifying these conditions as combat related due to exposure to AO.  His coronary artery bypass remains disapproved.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states the applicant requested his coronary artery bypass be considered combat related.  For his coronary artery bypass to qualify for CRSC, it must be either secondary to diabetes mellitus contracted by exposure to AO herbicides or presumptive to Prisoner of War (POW) internment, and this must be so stated in the applicable DVA Rating Decision.  His DVA Rating Decision letter dated 19 January 2006, states his heart condition is related to the heart murmur diagnosed during his service, rather than to a qualifying combat-related factor. 

The complete DPPD evaluation, with attachments, is at Exhibit B.

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A copy of the Air Force evaluation was forwarded to applicant on 11 July 2008 for review and response.  As of this date, no response has been received by this office (Exhibit C).

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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.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application.

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RECOMMENDATION OF THE BOARD:

The applicant be notified that the evidence presented did not demonstrate the existence of 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 BC-2008-01818 in Executive Session on 19 August 2008, under the provisions of AFI 36-2603:

			XXXXXXXXXX, Chair
			XXXXXXXXXX, Member
			XXXXXXXXXX, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 8 May 2008, w/atchs.
   Exhibit B.  Letter AFPC/DPSIDEP, dated 19 June 2008, w/atchs.
   Exhibit C.  Letter, SAF/MRBR, dated 11 July 2008.

		XXXXXXXXXX		Chair