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AF | BCMR | CY2004 | BC-2004-00314
Original file (BC-2004-00314.doc) Auto-classification: Denied

                            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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