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AF | BCMR | CY2004 | BC-2003-03893
Original file (BC-2003-03893.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03893
            INDEX CODE:  108.07
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical conditions, bilateral patellofemoral  syndrome
and tinnitus, be  assessed  as  combat  related  in  order  to  qualify  for
compensation under the Combat Related Special Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His disabilities are a direct result of his 22 years of  hazardous  service.
His duties included aerial flight and parachute duty.  During his career  he
made frequent parachute jumps wearing heavy equipment loads.

In  support  of  his  request,  applicant  provided  a  personal  statement,
documentation  associated  with  his  previous   CRSC   determination,   and
documentation extracted from his medical records.  His complete  submission,
with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force  on  24
May 73.  He  was  progressively  promoted  to  the  grade  of  chief  master
sergeant, having assumed that grade effective and with a date of rank  of  1
Dec 80.  He served as a Pararescue/Recovery technician and  manager,  as  an
Information Manager,  and  Senior  Enlisted  Advisor.   On  31  Oct  92,  he
voluntarily retired for years of service.  He served  27  years,  5  months,
and 6 days on active duty

His CRSC application was approved for his back conditions  at  10%  and  for
his lower leg condition at 10%.  His remaining  conditions  were  determined
not to be combat related.

_________________________________________________________________
AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states that their  assessment  failed  to
uncover documentation defending good reasons for classifying the  conditions
for his knees and tinnitus as combat-related.   His  right  tibia  condition
has been previously approved as combat-related.

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  Mar
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 medical record shows he developed  high  frequency  hearing  loss
while on active duty attributable to  chronic  loud  noise  exposure  during
performance  of  duties  during  aerial  flight.   However,  there   is   no
documentation of complaint of tinnitus while in service.   CRSC  is  granted
for hearing loss and tinnitus that  develops  and  is  documented  while  in
service.  His hearing loss will qualify him for CRSC when it  progresses  to
a compensable level.  His tinnitus does  not  qualify  because  it  was  not
documented  to  have  occurred  while  in  service.   Although  tinnitus  is
associated with hearing loss, there are numerous other  causes  of  tinnitus
and tinnitus documented after retirement is deemed by the CRSC board to  not
represent a direct consequence of qualifying combat related  conditions.   A
review of his service medical records finds no entries  for  knee  pain  and
specifically no medical care for knee pain associated with  parachute  duty.
His patellofemoral syndrome does not meet CRSC criteria.

The Medical Consultant Evaluation is at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy  of  the  additional  Air  Force  evaluation  was  forwarded  to  the
applicant on 19 Oct 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, with exception  to  his  hearing
loss, 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  note
that since his hearing loss is rated at 0%, it does not  qualify  for  CRSC.
Once this rating is evaluated to a compensable level, he  may  then  reapply
to  the  CRSC  board.   Therefore,  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-
03893 in Executive Session on 14 Dec 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 12 Nov 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 11 Mar 04, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 19 Mar 04.
    Exhibit E.  Letter, BCMR Medical Consultant, dated 14 Oct 04.
    Exhibit F.  Letter, SAF/MRBC, dated 19 Oct 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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