RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03621
            INDEX CODE:  108.07
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical conditions, residuals  of  surgical  resection
of a right sided acoustic neuroma  including  right  sided  deafness,  right
sided tinnitus, right facial nerve paralysis, and a 4X4cm skull  defect,  be
assessed as combat related in order to qualify for  compensation  under  the
Combat Related Special Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His AF Form 356, Findings  and  Recommended  Disposition  of  USAF  Physical
Evaluation Board, line 10(b) is marked YES,  as  the  disability  did  occur
during a time of war in the line of duty.  His duties  were  air  operations
testing the war fighting capability of aircraft during  war  and  simulating
war.  Item 10(d) is marked N/A because he entered the Air Force prior to  25
Sep 75.  What the Air Force is telling him is that in no way  an  Air  Force
member can have a combat-related injury if they were medically  retired  and
entered the Air Force prior to the date indicated on  the  form.   As  a  by
product of the AF Form 356, his retirement orders  indicate  Disability  Was
the Direct Result of a Combat Related Injury  -  N/A.   During  his  20-year
career on the flightline, his Air Force Specialty was required  to  have  an
annual hearing test because of  hazardous  noise  levels.   It  should  seem
likely that his hearing and  associated  disability  was  a  result  of  the
hazardous noise levels.  He was exposed to  hazardous  noise  in  excess  of
safe operating levels.  He worked on turbine engines,  diesel  engines,  air
compressors, hydraulic test stands  and  an  assortment  of  high  frequency
noise items in direct support of flying operations.

In  support  of  his  request,  applicant  provided  a  personal  statement,
documentation  associated  with  his   disability   processing,   separation
documents, his  Department  of  Veterans  Affairs  (DVA)  ratings  decision,
extracts from DoD Instruction 1332.38, and  an  excerpt  from  the  National
Defense Authorization Act for Fiscal Year 2003.   His  complete  submission,
with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air  Force  on  1
Nov 68.  He was progressively promoted to the grade of  technical  sergeant,
having assumed that grade effective and with a date of rank  of  1  Feb  87.
He served as a Combat Control Helper, as an  Aircraft  Control  and  Warning
Systems Technician, and a Cable Splicing Specialist.

An MEB was convened on 28 Apr 94  and  referred  his  case  to  an  Informal
Physical Evaluation Board (IPEB) with a diagnosis of  acoustic  neuroma  and
chronic low back pain.  On 12 May 94,the IPEB found him  unfit  for  further
military service based on a diagnosis of  acoustic  neuroma  and  found  his
back pain not ratable.  The IPEB recommended  permanent  retirement  with  a
combined compensable rating of 40%.  The applicant agreed with the  findings
and recommended disposition of the IPEB.  The  Air  Force  PEB  revised  the
findings and recommended he be returned to  duty.   He  disagreed  with  the
recommendation and requested a formal hearing.  The  FPEB  recommended  that
the applicant be permanently retired from the  Air  Force  with  a  combined
disability rating of 70%.  The  applicant  concurred  with  the  recommended
findings.  On 15 Sep 94, he was retired in  the  grade  of  master  sergeant
with a compensable rating of 70%.  He served 20 years, 4 months, and  1  day
on active duty

Current Department of Veterans Affairs  (DVA)  records  reflect  a  combined
compensable rating of 60% for his unfitting conditions.

His CRSC application was disapproved on 11 Jul 03 based upon the  fact  that
none of his service-connected  medical  conditions  were  determined  to  be
combat-related or received during simulated war conditions/exercises.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states the medical  summary  provided  at
the time of his MEB revealed he had a history of acoustic neuroma.   He  was
initially presented with a three-year  history  of  progressive  right-sided
hearing loss  and  a  one  year  history  of  tinnitus.   Brainstem  revoked
responses revealed a retrocochlear lesion.  An MRI confirmed  a  3  cm  soft
tissue mass of the right cerebellar pontine angle.   Surgical  resection  of
the acoustic neuroma was  performed  on  22  Sep  93.   Residuals  from  the
surgery included right-sided facial paralysis, right ear deafness,  loss  of
sensation of the right side of his tongue, and tinnitus.

He was treated fairly throughout the disability evaluation process  and  was
properly rated under disability guidelines.  His  service-connected  medical
conditions were not the results of a combat related injury.

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 13  Feb
04 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  denial.   The  Medical  Consultant
states his disabilities are the direct result of a  tumor  of  the  acoustic
nerve and the residuals of surgery.  There is no  relationship  between  the
development  of  this  tumor   to   combat,   conditions   simulating   war,
instrumentality  of  war,  or  hazardous  duty.   The   Medical   Consultant
Evaluation is at Exhibit E.

ODUSD(MPP)/Comp reviewed  the  applicant's  request  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 28 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.  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 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.  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-
03621 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 22 Oct 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 6 Feb 04.
    Exhibit D.  Letter, SAF/MRBR, dated 13 Feb 04.
    Exhibit E.  Letter, BCMR Medical Consultant, dated 23 Feb 04.
    Exhibit F.  Letter, ODUSD(MPP)/Comp, dated 21 Jul 04.
    Exhibit G.  Letter, SAF/MRBC, dated 28 Jul 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair