RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-02593
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 28 DEC 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical condition, 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 loss and tinnitus are the result of performance of his duties
as an Aircraft Control and Warning Specialist, which required him to sit
for sometimes up to 12 hours at a radar scope wearing a headset and
listening to electronic jamming of the radios.
In support of his request, applicant provided a personal statement and
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 5
Dec 57. He was progressively promoted to the grade of master sergeant,
having assumed that grade effective and with a date of rank of 1 May 77.
He served as an Aerospace Control and Warning Systems Technician. He
voluntarily retired from the Air Force on 30 Jun 79, having served 21
years, 6 months, and 26 days 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 23 Jul 04 based upon the fact that
his service-connected medical conditions were determined not to be combat-
related.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states 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 and the conditions manifested while in service. His medical
records does indicate he suffered from impaired hearing or tinnitus while
on active duty; however, his Air Force Specialty is currently not eligible
for compensation for impaired hearing and/or tinnitus unless evidence
clearly indicates the individual suffered from an acute combat related
trauma resulting in the hearing condition. His medical records contain no
evidence he suffered any acoustic trauma from a combat related event.
Noise exposure from wearing a radio headset is not considered to be a
combat related event.
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-2004-
02593 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 16 Aug 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 20 Jul 05.
Exhibit D. Letter, SAF/MRBR, dated 29 Jul 05.
Exhibit E. Letter, SAF/MRBC, dated 7 Jan 05.
Exhibit F. Letter, Applicant, dated 19 Jan 05.
Exhibit G. Letter, SAF/MRBC, dated 4 Feb 05.
THOMAS S. MARKIEWICZ
Chair
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