RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00237
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 22 Jul 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, impaired hearing and tinnitus, be
assessed as combat related in order to qualify for compensation under the
Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Through no fault of his own his records cannot be located. His hearing
occurred while in the service. When he entered the service his hearing was
fine, by the time he retired, he had hearing difficulties.
In support of his request, applicant provided documentation extracted from
his Department of Veterans' Affairs records and his military personnel
records. His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his initial enlistment in the Regular Air Force on 14
Jun 61. He was progressively promoted to the grade of master sergeant,
having assumed that grade effective and with a date of rank of 1 Sep 79.
He served as an Aircraft Maintenance Technician. He voluntarily retired
from the Air Force on 31 Aug 81, having served 20 years, 2 months, and 17
days on active duty.
Applicant's service medical records cannot be located. Available DVA
records reflect a combined compensable rating of 10% for his unfitting
conditions.
His CRSC application was disapproved on 23 Nov 04 based upon the fact that
no evidence was provided to confirm his disabilities were combat-related.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states to award compensation for
impaired hearing and tinnitus clear evidence must be provided to confirm
the veteran suffered from continuous, extensive noise exposure during his
career and the hearing condition manifested while in service. His medical
records cannot be located and documentation contained in his personnel
records does not confirm hearing loss while in service. An Operator
Qualifications and Record of Licensing, Examination, and Performance, form
dated 5 Jun 75 indicates his hearing was 20/15 in both ears. According to
the Audiology Clinic at Wilford Hall Medical Center, anything rated as
20/25 or less would have been considered normal. Because he served as an
Aircraft Maintenance Technician the DVA did grant service connection for
his conditions based on reasonable doubt. CRSC standards are much more
rigorous when determining combat related disabilities.
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 1 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
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-2005-
00237 in Executive Session on 14 Dec 05, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Richard J. Peterson, Member
Mr. Alan A. Blomgren, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 14 Jan 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 30 Mar 05.
Exhibit D. Letter, SAF/MRBR, dated 1 Apr 05.
THOMAS S. MARKIEWICZ
Chair
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