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AF | BCMR | CY2005 | BC-2004-03895
Original file (BC-2004-03895.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03895
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  Not Indicated

MANDATORY CASE COMPLETION DATE:  24 Jun 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical conditions,  hypertensive  heart  disease  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 hearing loss was first noted on  28  Jun  66  and  progressed  until  it
eventually ended his career.  During his entire career he  was  in  training
for direct and indirect combat.  He developed hypertension while  on  active
duty and it progressively got worse through out his career.

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  18
Apr 52.  He was progressively promoted  to  the  grade  of  staff  sergeant,
having assumed that grade effective and with a date of rank  of  1  Dec  71.
He served as a Ground Radio Repair Technician.  He voluntarily retired  from
the Air Force on 31 Jan 79, having served 24 years and  10  days  on  active
duty.

His CRSC application was disapproved on 25 Feb 04, 30 Sep 04, and 7  Oct  04
based upon  the  fact  that  his  service-connected  medical  condition  was
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 hypertensive heart  disease  and  impaired  hearing
are not combat related.  While performing military duties can  be  stressful
and stress can be a contributing factor to heart  disease,  CRSC  cannot  be
approved  for  this  condition  as  combat  related.   It  is  difficult  to
determine this factor as the definitive cause of the condition  rather  than
other causes.  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.  His records  do  show  he  suffered  from
hearing  loss  while  in  service;  however,  his  Air  Force  Specialty  is
currently  not  eligible  for  compensation  for  impaired  hearing   unless
evidence  indicates  he  suffered  from  an  acute  combat  related  trauma.
Occasional  exposure  to  aircraft  noise  is  not  sufficient  to   warrant
compensation under existing program guidelines.

The DPPD evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reiterates his previous statements and provided a synopsis of  his
career and a brief summary of his medical  history.   He  states  that  loud
noises are prevalent on every base or station.  His  entire  career  was  in
support of some combat operation.  Most disabilities have a long  incubation
period and may not surface  until  the  body's  defenses  have  weakened  or
cannot fight them off.

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-
03895 in Executive Session on 12 Oct 05, under the  provisions  of  AFI  36-
2603:

      Mr. Thomas S. Markiewicz, Chair
      Mr. James W. Russell III, Member
      Mr. Christopher D. Carey, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 14 Dec 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 17 Mar 05.
    Exhibit D.  Letter, SAF/MRBR, dated 25 Mar 05.
    Exhibit E.  Letter, Applicant, dated 8 Apr 05.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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