RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-01530
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: Not Indicated
MANDATORY CASE COMPLETION DATE: 10 Nov 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:
His hearing was incurred in 1968 when a mortar round fell on the other side
of sandbags and destroyed a jeep and most of the sandbags. His hearing has
been limited ever since and both ears ring all the time.
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's Military Personnel Records were not made available to the
Board; therefore, the facts pertaining to his military service cannot be
verified. Data extracted from the available documentation reflects his
name was placed on the Retired Reserve List on 18 Jul 00, in the grade of
chief master sergeant, awaiting pay at age 60. He completed 21 years, 3
months, and 6 days of satisfactory Federal service. He reached age 60 on
16 Dec 03.
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 80% for his unfitting conditions.
His CRSC application was disapproved on 20 Jan 05 based upon the fact that
his service-connected medical conditions were determined not to be combat-
related. His request for compensation for Post Traumatic Stress Disorder
(PTSD) was subsequently approved, rated at 70%.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states a review of his service and DVA
medical records shows medical examinations dated 13 Jun 81, 11 Sep 82, 11
Jan 86, and 2 Dec 89 indicates he had normal hearing. The applicant noted
he had not been experiencing any ear, nose or throat trouble, or any
hearing loss. A record of medical care dated 7 May 93 notes he was
experiencing ringing in his ears. In 1993 a medical examination reported
normal hearing. On 28 Feb 99, a Report of Medical History indicates he was
experiencing hearing loss. Impaired hearing and tinnitus cannot be
considered combat related unless they are incidental to a combat related
event or due to documented, continual, extensive exposure to combat related
noise. There is no mention in any of the available medical documentation
that he experienced acoustic trauma due to a mortar blast in 1968. It
appears his hearing conditions did not manifest until nearly 25 years after
his service in Vietnam. 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 29 Jul
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-
01530 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 29 May 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 25 Jul 05, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 29 Jul 05.
THOMAS S. MARKIEWICZ
Chair
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