RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00314
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. His service-connected medical conditions, hearing loss and tinnitus, be
assessed as combat related in order to qualify for compensation under the
Combat Related Special Compensation (CRSC) Act.
2. He be awarded the Korean Service Medal (KSM), the Purple Heart (PH)
Medal, The Bronze Star (BS), and the Meritorious Service Medal (MSM).
_________________________________________________________________
APPLICANT CONTENDS THAT:
His disability for which he was medically retired was incurred while he was
in Thailand in combat. A sapper blew up while he was carrying explosives
and caused heavy damage to both ears. He was returned to the states and
retrained into a job that kept him from exposure to loud noises.
In support of his request applicant provided documentation associated wit
his CRSC application and the Purple Heart award criteria. His complete
submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his initial enlistment in the Regular Air Force on 10
Feb 53. He served various active and Reserve assignments. He was
progressively promoted to the grade of master sergeant, having assumed that
grade effective and with a date of rank of 1 Jul 75. He served as an
Aircraft Mechanic and an Electronic Switching Systems Technician.
An MEB convened on 13 Dec 77 and referred his case to an Informal Physical
Evaluation Board (IPEB) with a diagnosis of conductive bilateral hearing
loss. On 30 Dec 77,the IPEB found him unfit for further military service
based on a diagnosis of bilateral hearing loss. The IPEB recommended that
he be permanently retired with a compensable percentage of 30%. Applicant
was retired on 18 Feb 78 in the grade of master sergeant with a compensable
rating of 30%. He served 22 years, 7 months, and 12 days on active duty.
Based on the Medical Consultant's determination, the CRSC board
subsequently approved his request for CRSC for his hearing loss rated and
60% and tinnitus rated at 10%.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states based on a review of his DVA
records and personnel files, he served as an aircrew member for many years
while on active duty and his impaired hearing is combat-related but his
tinnitus is not combat-related. His service medical records do not contain
any complaints for tinnitus while in service. The DPPD evaluation is at
Exhibit C.
AFPC/DPPPR recommends denial. DPPPR states the applicant was informed on
three occasions that the documentation provided was insufficient to support
his claim. He has not responded with additional documentation. There is
medical evidence that he sustained an injury while in Thailand but DPPPR
was unable to verify his entitlement to the PH. There is no documentation
showing he was recommended for award of the MSM or BSM and there is no
documentation showing he participated in the Korean area of operations
between 27 Jun 50 and 27 Jul 54 as required for award of the KSM. The
DPPPR evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies the 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.
_________________________________________________________________
ADDITIONAL AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends his records be corrected to show
eligibility for CRSC due to tinnitus. The Medical Consultant states there
are entries in his medical records that document tinnitus while on active
duty. The approval of 60% for his hearing loss resulted in the maximum
benefit form the CRSC program. The addition of 10% for tinnitus will not
provide additional financial benefit. The Medical Consultant Evaluation is
at Exhibit F.
_________________________________________________________________
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. Since the applicant's request for CRSC compensation for his hearing
loss and tinnitus has been approved by the CRSC board, the only matter
requiring consideration by this Board is his request for award of the KSM,
PH, BS, and MSM. After a thorough review of the applicant's submission and
the available evidence of record, it is our opinion that insufficient
relevant evidence has been presented to demonstrate the existence of an
error or injustice warranting award of the requested medals. We find no
evidence to support his contention that he meets the criteria for award of
the KSM. Evidence has not been presented to show that he distinguished
himself by heroic or meritorious service as required for award of the BSM;
or, that he was recommended for award of the BSM or the MSM. With respect
to his request for award of the PH, there was no evidence presented, other
than his own assertions, which would lead us to believe that he was
medically treated for any wounds incurred as a direct result of enemy fire.
We are not unmindful or unappreciative of the applicant's service to this
Nation. Nevertheless, in the absence of more compelling evidence to
substantiate his claims, we are unable to conclude that sufficient doubt
has been established in this case which would warrant favorable
consideration of his request.
_________________________________________________________________
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-2004-
00314 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 7 Nov 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 23 Jun 04.
Exhibit D. Letter, AFPC/DPPPR, dated 23 Jul 04
Exhibit E. Letter, SAF/MRBR, dated 30 Jul 04.
Exhibit F. Letter, BCMR Medical Consultant, dated 6 Oct 04.
Exhibit G. Letter, SAF/MRBC, dated 19 Oct 04.
THOMAS S. MARKIEWICZ
Chair
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