RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-01800
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 8 DEC 05
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, knee condition and tinnitus, be
assessed as combat related in order to qualify for compensation under the
Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
All of his conditions are the result of duty in Vietnam and Thailand from
1965 through 1968. His duties as a Crash, Fire, and Rescue specialist are
certainly 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:
Served in the United States Marine Corps from 16 Sep 46 through 24 Sep 48.
He contracted his initial enlistment in the Regular Air Force on 17 Mar 52.
He was progressively promoted to the grade of technical sergeant, having
assumed that grade effective and with a date of rank of 1 Oct 67. He
served as a Fire Protection Specialist. He served in Thailand from 5 May
68 through 5 Dec 68. He voluntarily retired from the Air Force on 31 Mar
72, having served 20 years, 6 months, and 4 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 4 May 04 based upon the fact that
his service-connected medical condition was determined not to be combat-
related. On 28 Jun 04, his application was reconsidered and was approved
for Post Traumatic Stress Disorder, rated at 30% and impaired hearing,
rated at 0%.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPDC recommends denial. DPPD states a review of his service and DVA
medical records show his tinnitus and knee condition are not combat
related. His records show he injured his knee while trying to move a 5-
gallon can of foam, and as he straightened back up, he had an onset of pain
in his right knee. This incident is not combat related. His records are
silent for any complaint of tinnitus. He first complained of tinnitus in
1993. Tinnitus cannot be considered combat related unless if is incidental
to a combat related event to due to documented, continual, extensive
exposure to combat related noise and was shown to have manifested while in
service.
The DPPDC evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant states he never had tinnitus until he lost his hearing. His
complete response is at Exhibit E.
_________________________________________________________________
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-
01800 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 17 May 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPDC, dated 28 Jun 04.
Exhibit D. Letter, SAF/MRBR, dated 9 Jul 04.
Exhibit E. Letter, Applicant, dated 15 Jul 04.
THOMAS S. MARKIEWICZ
Chair
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