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AF | BCMR | CY2005 | BC-2005-00203
Original file (BC-2005-00203.DOC) Auto-classification: Denied

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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