RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02251
		INDEX CODE:  108.07
		COUNSEL:  NONE
		HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  24 Jan 06

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APPLICANT REQUESTS THAT:

His service-connected medical conditions, diabetes, degenerative arthritis, hypertension, and pancretitis, 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:

The procedures for CRSC do not adequately address individuals such as himself who are involved in the support of pilots preparing for combat.  He initially fell sick during a combat exercise while wearing chemical gear.  There were no instructions given to document anything as combat related during that time except for those that were wounded in the fields of battle.  

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 contracted his initial enlistment in the Regular Air Force on 26 Oct 71.  He was progressively promoted to the grade of senior master sergeant, having assumed that grade effective and with a date of rank of 1 Oct 93.  He served as a Fuels Specialist.  He voluntarily retired from the Air Force on 31 Oct 97, having served 26 years and 5 days on active duty.

His CRSC application was disapproved on 30 Jun 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 show his diabetes, degenerative arthritis, hypertension, and pancretitis are not combat related.  For diabetes to be considered combat related it must be specifically granted by the DVA as presumptive to Agent Orange.  His records do not show a combat related event was the direct cause of his degenerative arthritis.  Although stress can be a contributing factor to hypertension, the condition cannot be approved based on stress alone since it is difficult to objectively determine this factor as the definitive cause of this condition rather than other causes.  For hypertension to qualify for CRSC, it must be secondary to Agent Orange contracted diabetes or presumptive to POW internment and so stated in the rating decision.  

The DPPD evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant provided two responses to the Air Force evaluation in which he states his injuries are service connected which means that they are connected to his military career.  During his career he serviced a variety of aircraft and on numerous occasions hot-refueling was done in conjunction with loading of live ammunition.  In his additional response, the applicant highlighted some of the stress he had to endure throughout his career.  His complete responses, with attachments, are 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.

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 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-2004-02251 in Executive Session on 26 Jul 05, under the provisions of AFI 36-2603:

	

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 Jul 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 3 Aug 04.
    Exhibit D.  Letter, SAF/MRBR, dated 6 Aug 04.
    Exhibit E.  Letter, Applicant, dated 11 Aug 04, w/atchs.