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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