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AF | BCMR | CY2005 | BC-2004-00191
Original file (BC-2004-00191.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00191
            INDEX CODE:  108.07
            COUNSEL:  NONE
XXXXXXX
            HEARING DESIRED:  NO
XXXXXXX


MANDATORY CASE COMPLETION DATE:  24 Jul 05


_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

His hearing loss was exacerbated by his active duty in the  security  career
field, where he was required to work around aircraft flight lines with  loud
engines.  He was also required to qualify in  small  arms  and  to  instruct
others in small  arms  use.   This  duty  was  performed  prior  to  hearing
protection being required by the Air Force.

His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air  Force  on  9
September 1948.  He was  progressively  promoted  to  the  grade  of  senior
master sergeant.  He served as an Air Policeman and Recruiter/Salesman.   He
voluntarily retired from the Air Force on 1 August 1971,  having  served  22
years, 9 months, and 10 days 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 22 October 2003, based on  the  fact
that his service-connected medical conditions  were  determined  not  to  be
combat related.  However, on 12 February 2004, he was approved for 20%  CRSC
for a malignant growth and 50% CRSC for mood disorder under the new law.

_________________________________________________________________



AIR FORCE EVALUATION:

AFPC/DPPD recommends denial of applicant’s request  that  his  hearing  loss
and labrynthitis be assessed as combat  related  in  order  to  qualify  for
compensation under the CRSC.   AFPC/DPPD  states,  in  part,  that  although
applicant’s mood disorder is considered to be combat  related,  his  hearing
loss and labrynthitis disabilities  are  not  the  direct  result  of  armed
conflict, hazardous service, or an instrumentality of war.

The AFPC/DPPD evaluation, with attachment, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on  7  May
2004 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 opinion  and  recommendation  of  the
Air Force office of primary responsibility and adopt its  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-2004-
00191 in Executive Session on 6 April 2005, 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 10 Jan 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 21 Apr 04, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 7 May 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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