RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-03816
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 17 Jun 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, postoperative stomach injury,
damaged eyesight, 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 impaired hearing is the result of static noises incurred performing
duties in Korea as a radio operator His eyes were injured coding and
decoding messages in very dim light at night. As a result of several
aircraft incidents, one of which several of his buddies were killed, he has
recurring nightmares. As a result, he developed stomach ulcers.
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 contracted his initial enlistment in the Regular Air Force on 5
Dec 47. He was progressively promoted to the grade of master sergeant,
having assumed that grade effective and with a date of rank of 1 Dec 65.
He served as a Radio Operator. He voluntarily retired from the Air Force
on 31 Jul 70, having served 22 years, 7 months, and 26 days on active duty.
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 30% for his unfitting conditions.
His CRSC application was disapproved on 23 Nov 04 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 while stress can be a
contributing factor to stomach conditions, CRSC cannot be approved for
stomach injury based on stress alone as it is difficult to objectively
determine this factor as the definitive cause of the condition rather than
other causes or the applicant's physical make-up. Additionally, there are
no references in his medical records to indicate the origin of his
disability. Impaired hearing cannot be considered combat related unless it
is 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. Radio operators are not considered to be
one of the specialties continuously exposed to combat related noise and
there is no evidence he suffered any trauma to the ears. His service
medical records indicate he suffers from presbyopia (requiring glasses for
reading). This is a common condition for middle-aged and older persons to
develop. No evidence was provided to indicate he suffered from trauma to
the eyes. Additionally the disability has not been rated by the DVA.
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 21 Jan
05 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 opinions 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-
03816 in Executive Session on 15 Dec 05, 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 9 Dec 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 11 Jan 05.
Exhibit D. Letter, SAF/MRBR, dated 21 Jan 05.
THOMAS S. MARKIEWICZ
Chair
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