RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02309
		INDEX CODE:  108.07
		COUNSEL:  NONE
		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 31 Jan 06

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APPLICANT REQUESTS THAT:

His service-connected medical conditions, sleep apnea syndrome, degenerative arthritis (lumbar spine), traumatic arthritis (left and right knee), and hypertension, 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 injuries were incurred under conditions simulating war.  While on active duty he participated in war games under conditions simulating war.  During the medical "red flags" and Combat Medical Readiness Training sessions the conditions under which they were conducted simulated war and required both mental and physical stress.  During chemical defense training he fell, tripped, tumbled, was fallen upon, ran into things and was run into during these simulated combat conditions.  He seldom complained of pain unless it hindered him.  He would go days and sometimes weeks before he sought medical attention.  During his repeated medical visits and therapy sessions, physicians were mainly interested in treating his pains, not how they came to be.  If he did say how they were incurred, it was not always noted.

In support of his request, applicant provided a personal statement, documentation associated with his CRSC application, and documentation extracted from his medical records.  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 20 Jul 82.  He was progressively promoted to the grade of master sergeant, having assumed that grade effective and with a date of rank of 1 May 98.  He served as a Diet Therapy Craftsman.  He voluntarily retired from the Air Force on 31 Mar 04, having served 21 years, 8 months, and 11 days on active duty.

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

His CRSC application was disapproved on 7 Jul 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 sleep apnea syndrome, degenerative arthritis (lumbar spine), traumatic arthritis (left and right knee), and hypertension, 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.  Sleep apnea is not a combat related disability.  For his degenerative arthritis and traumatic arthritis to qualify for CRSC they would have to be linked specifically to an event which was combat related.  There are numerous entries in his service medical records, but no specific mention of how he incurred the injuries.  Although stress can be a contributing factor to heart disease, hypertension cannot be approved for CRSC based on stress alone.  For hypertension to qualify for CRSC, it must be secondary to Agent Orange contracted diabetes mellitus or presumptive to POW internment and so stated in the applicable rating decision.

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 8 Oct 04 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 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-2004-02309 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 20 Jul 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 1 Oct 04.
    Exhibit D.  Letter, SAF/MRBR, dated 8 Oct 04.