RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-01652
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 25 Nov 05
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, Meniere's syndrome and impaired
hearing, be assessed as combat related in order to qualify for compensation
under the Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His CRSC was denied because he was not receiving compensation from the
Department of Veterans' Affairs (DVA) for his disabilities. This is in
error because he has been receiving compensation since 1979. In an amended
request, applicant requests that he receive special consideration for CRSC
under individual unemployability.
In support of his request, applicant provided documentation extracted from
his DVA records. His complete submission, with attachments, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his initial enlistment in the Regular Air Force on 11
Sep 50. He was progressively promoted to the grade of senior master
sergeant, having assumed that grade effective and with a date of rank of 1
Jul 71. He voluntary retired from the Air Force on 31 Jul 73, having
served 22 years, 6 months, and 27 days on active duty.
His CRSC application was disapproved on 8 May 04 because of the inability
to establish he was receiving DVA compensation. His request has been re-
evaluated and denied based upon the fact that his service-connected medical
conditions were determined not to be combat-related.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states a review of his service and DVA
medical records show his Meniere's syndrome and impaired hearing are not
combat related. These conditions are not considered combat related unless
they are incidental to a combat related event or due to documented
continual, extensive exposure to combat related noise and the conditions
were shown to have manifested while in service.
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 20 Aug
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 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-
01652 in Executive Session on 1 Jun 05, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Christopher Carey, Member
Mr. James W. Russell III, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 May 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 11 Aug 04.
Exhibit D. Letter, SAF/MRBR, dated 20 Aug 04.
THOMAS S. MARKIEWICZ
Chair
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