RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2005-0
		INDEX CODE:  108.07
		COUNSEL:  NONE
		HEARING DESIRED:  Not Indicated

MANDATORY CASE COMPLETION DATE:  1 Aug 06

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APPLICANT REQUESTS THAT:

His service-connected medical condition, arteriosclerotic heart disease, 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 arteriosclerotic heart disease is a direct result of his diabetes caused by exposure to Agent Orange.  

In support of his request, applicant provided documentation associated with his CRSC application and documentation associated with his request for Congressional inquiry.  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 29 Jul 54.  He was progressively promoted to the grade of master sergeant, having assumed that grade effective and with a date of rank of 1 Aug 71.  He served as an Aircraft Control and Warning Operator.  He voluntarily retired from the Air Force on 31 Jul 75, having served 21 years and 2 days 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 approved for diabetes mellitus, rated at 20%; paralysis of left upper extremity, rated at 20%; paralysis of right upper extremity, rated at 20%; paralysis of left lower extremity, rated at 10%; and paralysis of right lower extremity, rated at 10%.  His arteriosclerotic heart disease was disapproved based upon the fact that the 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 arteriosclerotic heart disease is not combat related.  For this condition to qualify for compensation, it must be declared secondary to diabetes mellitus developed following Agent Orange exposure, or presumptive to POW internment and so stated in the applicable DVA rating decision.  His records reveals a medical examination, dated 8 Jul 02, which indicates his heart condition is secondary to his hypertension.  It does state the condition was aggravated by his diabetes; however, since the DVA is considering his heart condition secondary to hypertension, CRSC compensation cannot be awarded.

The DPPD evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

DPPD suggested to him that his arteriosclerotic heart disease may be hereditary.  Only one of his mother's four brothers experienced adult onset diabetes; however, he was also exposed to nerve and mustard gases as a German soldier in World War II.  The spoiler in family health on his father's side was tuberculosis.  Studies on the effect of dioxin on veterans make a direct link of dioxin exposure to adult onset diabetes.  While cardiovascular disease findings pertaining to Agent Orange exposure were mixed.  The medical community today has established a solid connection between cardiovascular disease and diabetes.  His health problems relate directly to his diabetes.  His hypertension dates back to his enlistment physical but his blood pressure increased dramatically after he became diabetic.  It can be said that both his hypertension and diabetes contributed to the clogging of his arteries.  However, applicant believes the apparent exposure to herbicides during his tour in Vietnam made this exposure the trigger of his ongoing health problems.  Even though the DVA does not state his heart disease is secondary to diabetes, it is not fair to punish him financially.

His complete response 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.  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-2005-00321 in Executive Session on 11 Jan 06, under the provisions of AFI 36-2603:

	Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 31 Jan 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 14 Feb 05.
    Exhibit D.  Letter, SAF/MRBR, dated 18 Feb 05.
    Exhibit E.  Letter, Applicant, dated 14 Mar 05, w/atchs.
    Exhibit F.  Congressional Inquiry, dated 31 Mar 05, w/atchs.

                                   
                                   Chair