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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