RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00203
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 18 Jul 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical condition, tinnitus, be assessed as combat
related in order to qualify for compensation under the Combat Related
Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His tinnitus was manifested during his tour in Vietnam on board EC-47
aircraft. The aircraft was uninsulated and not pressurized. The only
noise protection between crewmembers and the engines was the 1/8 inch
aluminum aircraft skin.
In support of his request, applicant provided a personal statement, a copy
of his DD Form 214, a extract from his flight records, and a WebMD
printout. His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant served as an enlisted member from 20 Aug 53 through 26 Aug 54.
He was appointed a second lieutenant, Reserve of the Air Force and was
voluntarily ordered to extended active duty on that 27 Aug 54. He was
progressively promoted to the grade of major, having assumed that grade
effective and with a date of rank of 20 Jan 67. On 30 Apr 73, he
voluntarily retired for years of service. He served 20 years and 11 months
on active duty
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 10% for his unfitting conditions.
His CRSC application was disapproved on 9 Dec 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 tinnitus is not combat related. His records show
he was treated for mild ear infections periodically while in service. In
order for tinnitus to qualify for CRSC, there must be documentation that
clearly shows the condition manifested while in service; however, no
evidence of hearing loss or tinnitus was found while he was on active duty.
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 15 Apr
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
condition the applicant believes is combat-related was 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, does 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-2005-
00203 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 10 Jan 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 11 Apr 05.
Exhibit D. Letter, SAF/MRBR, dated 15 Apr 05.
THOMAS S. MARKIEWICZ
Chair
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