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AF | BCMR | CY2004 | BC-2003-02790
Original file (BC-2003-02790.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02790
            INDEX CODE:  108.07
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical  condition,  degenerative  arthritis  of  both
hips, hearing loss, and tinnitus, be assessed as combat related in order  to
qualify for compensation  under  the  Combat  Related  Special  Compensation
(CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

While performing duties as a  navigator  cramped  aboard  B-47  aircraft  he
started having arthritic  problems  with  both  hip  joints  and  Air  Force
orthopedic surgeons informed him that he would eventually need to have  both
hip joints replaced.  Over the years the pain became so unbearable  that  he
had to have both hip joints replaced.  He was involved in simulated  wartime
missions, standing alert at forward bases ready to launch if the  order  was
issued.  He was a  B-52  radar  navigator  combat  ready  crewmember  flying
simulated wartime missions  for  1500  hours.   There  is  no  question  his
hearing loss and tinnitus developed as a result of being near  high  decibel
hearing noise for over 10 years.

In support of his request applicant  provided  a  personal  statement.   His
complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 26 Dec 51 and was  discharged
on 10 Dec 53 in order to accept a commission.  He  was  appointed  a  second
lieutenant, Reserve of the Air Force on 11 Dec  53.   He  was  progressively
promoted to the grade of  lieutenant  colonel,  having  assumed  that  grade
effective and with a date of rank of 11  Sep  69.   He  voluntarily  retired
from the Air Force on 1 Jul 76, having served 24  years,  6  months,  and  5
days on active duty.

Current Department of Veterans Affairs  (DVA)  records  reflect  a  combined
compensable disability rating of 70% percent for his  unfitting  conditions,
which includes a rating of 10% for tinnitus and  0%  for  bilateral  hearing
loss.

His  CRSC  application  was  disapproved  on  24  Jul  03  based  upon   the
preponderance of evidence that  none  of  his  service-connected  conditions
were determined to be combat-related.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states the fact that a  member  may  have
incurred a medical condition during a period of war or  while  participating
in  combat  operation/training  exercises  is  not  sufficient  evidence  to
support a  combat-related  determination.   Military  records  must  show  a
definite causal relationship between the  armed  conflict  and  the  medical
conditions.  A review  of  his  limited  available  service  medical  record
failed to show  a  combat-related  connection/hazardous  service  for  these
conditions.  The preponderance of evidence appears  to  show  normal  duties
performed during the  completion  of  his  military  responsibilities  as  a
crewmember aboard bomber aircraft.

The DPPD evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 19  Dec
03 for review and comment within 30 days.  As of this date, this office  has
received no response.

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends that his hearing  loss  and  tinnitus
qualify  for  CRSC  and  denial  of  his  request   for   compensation   for
degenerative arthritis of both hips.   The  Medical  Consultant  states  the
applicant developed hearing loss while  performing  duty  while  engaged  in
aerial flight and is consistent with  a  conclusion  that  he  incurred  his
hearing loss and tinnitus related  to  the  hearing  loss  as  a  result  of
hazardous service.  There is no evidence that  his  hip  arthritis  has  any
relationship to hazardous service, an  instrumentality  of  war,  conditions
simulating war, or combat.

The Medical Consultant Evaluation is at Exhibit E.

ODUSD(MPP)/Comp reviewed the applicant's request and finds that the  Medical
Consultant properly applied the criteria established  for  CRSC  eligibility
and concurs with  the  findings  and  recommendation  of  the  BCMR  Medical
Consultant.  The ODUSD evaluation is at Exhibit F.

_________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

Copies of the  additional  Air  Force  evaluations  were  forwarded  to  the
applicant on 30 Jul 04 for review and comment within 30 days.   As  of  this
date, this office has received no response.

_________________________________________________________________

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.  We have been made aware that  the  portion
of his request regarding hearing loss and tinnitus has been granted  by  the
CRSC board and will be  administratively  corrected.   Therefore,  the  only
issue to be decided is whether or not his  degenerative  arthritis  of  both
hips qualifies for compensation.  After a thorough review of  the  available
evidence of record, it is our opinion that his  degenerative  arthritis  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  opinions  and
recommendations of the Air  Force  offices  of  primary  responsibility  and
adopt their rationale as the basis for our  conclusion  that  the  applicant
has not been the victim of an  error  or  injustice  with  respect  to  this
condition.  In  the  absence  of  evidence  to  the  contrary,  we  find  no
compelling  basis  to  recommend  granting  the  relief   sought   in   this
application.

_________________________________________________________________

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.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2003-
02790 in Executive Session on 6 Oct 04, under  the  provisions  of  AFI  36-
2603:

      Mr. Thomas S. Markiewicz, Chair
      Mr. Michael V. Barbino, Member
      Ms. Martha A. Maust, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 Aug 03, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 25 Nov 03.
    Exhibit D.  Letter, SAF/MRBR, dated 19 Dec 03.
    Exhibit E.  Letter, BCMR Medical Consultant, dated 3 Feb 04.
    Exhibit F.  Letter, ODUSD(MPP)/Comp, dated 21 Jul 04.
    Exhibit G.  Letter, SAF/MRBC, dated 30 Jul 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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