RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-01248
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 15 DEC 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:
He was exposed to plenty of noise generated by rockets and mortar
explosions while in Vietnam. He was awarded compensation by the Department
of Veterans' Affairs (DVA) based on his service in Vietnam. His tinnitus
is presumed to be the result of noise exposure in Vietnam.
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 15
Jun 53. He was progressively promoted to the grade of master sergeant,
having assumed that grade effective and with a date of rank of 1 May 71.
He served as a Jet Engine Technician. He voluntarily retired from the Air
Force on 31 Jan 77, having served 23 years, 7 months, and 16 days on active
duty.
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 70%% for his unfitting conditions.
His CRSC application was approved for diabetes mellitus, rated at 20%;
paralysis of sciatic nerves, rated at 20% each, paralysis of nerve, right
and left upper extremities, rated at 10% each; and diabetic retinopathy,
rated at 0%. His hearing loss and tinnitus were disapproved on 19 Apr 05
based upon the fact that the service-connected medical conditions were
determined not to be combat-related.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states in his initial application he
stated his hearing loss was the result high noise exposure while performing
duties as a Jet Engine Technician. He also indicated on his DD Form 149
that he has not been exposed to noise levels since his retirement and he
believes his injury must have occurred during his many years of service. A
review of his service and DVA medical records shows no hearing or acoustic
trauma while on active duty. During his retirement physical he noted that
he had not suffered from ear, nose or throat trouble, hearing loss, or head
injury during service. His hearing conditions were not granted service
connection by the DVA until 14 Mar 05, nearly 30 years following
retirement. Without evidence of in-service hearing loss or tinnitus, it
cannot be determined that a combat related event led to his conditions
rather than routine causes or his own physical make-up and the normal aging
process.
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 20 May
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-
01248 in Executive Session on 6 Feb 06, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Michael V. Barbino, Member
Mr. James W. Russell III, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 Apr 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 11 May 05.
Exhibit D. Letter, SAF/MRBR, dated 20 May 05.
THOMAS S. MARKIEWICZ
Chair
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