RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-01661
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 25 Nov 05
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, tinnitus and dermatophytosis, be
assessed as combat related in order to qualify for compensation under the
Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Documentation contained in his Department of Veterans' Affairs (DVA)
records substantiate that his tinnitus and dermatophytosis are combat
related.
In support of his request, applicant provided documentation associated with
his CRSC application. His complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant served as an enlisted member in the Regular Army from 6 Aug 41
through 23 Jun 42. He was appointed a second lieutenant in the Regular
Army on 24 Jun 42. He served in the Air Reserves, the Reserve Air Corps
and the Regular Air Force. He was progressively promoted to the grade of
colonel, having assumed that grade effective and with a date of rank of 15
Mar 62. On 30 Apr 66, he voluntarily retired for years of service. He
served 23 years, 3 months, and 10 days on active duty
Available DVA records reflect a combined compensable rating of 100% for his
unfitting conditions. His CRSC application was disapproved on 6 Feb 04
based upon the fact that his service-connected medical conditions were
determined not to be combat-related. He was subsequently approved CRSC
compensation for his impaired hearing, rated at 100%.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states a review of his service and DVA
medical records show his tinnitus and dermatophytosis are not combat
related. In order for tinnitus to qualify for CRSC evidence must be
present to show the condition manifested while in service. There is no
documentation of tinnitus during his service. His records do not show,
while in service, a combat-related event or events that were the direct
cause of his dermatophytosis disability.
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 1 Jul
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. We note that the applicant is currently
receiving CRSC compensation at the maximum rate of 100% and approval of
CRSC for his tinnitus and dermatophytosis would not result in an increase
in compensation. However, in the event his impaired hearing were to
improve resulting in a reduced DVA rating, his CRSC compensation would then
be based on the ratings of other CRSC approved disabilities.
Unfortunately, after a thorough review of the available evidence of record,
it is our opinion that the service-connected tinnitus and dermatophytosis
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-
01661 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 18 May 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 23 Jun 04.
Exhibit D. Letter, SAF/MRBR, dated 1 Jul 04.
THOMAS S. MARKIEWICZ
Chair
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