RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-01663
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 3 Dec 07
________________________________________________________________
APPLICANT REQUESTS THAT:
1. 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.
2. His DD Form 214 (with a separation date of 31 Mar 93) be corrected to
reflect his record of service dates as 27 Dec 71 to 31 Mar 93, rather than
27 May 75 to 31 Mar 93, and receipt of the Meritorious Service Medal with
First Oak Leaf Cluster (MSM 1OLC).
________________________________________________________________
APPLICANT CONTENDS THAT:
His Air Force Specialty Code (AFSC) was excluded from certain compensation
regarding CRSC, but he performed duties outside of his AFSC, i.e., security
police and disaster preparedness. He was assigned additional duties such
as heavy lifting; carrying an M-16 rifle and standing guard for long
periods; being exposed to the noise of F4 fighter jets, B52s, F106, and
other aircraft and equipment; and acquiring specialized training and
performing as a disaster preparedness support team member and a custodial
agent augmenter. He was required to train with host nation military
personnel, to include qualifying with their weapons and participating in
their physical training. The service dates and MSM 1OLC with respect to his
DD Form 214 were oversights on his part.
In support of his request, applicant provided a personal statement with
nine attachments, his DD Form 214, Statement of Service, Retirement Orders,
and other documentation associated with his CRSC application. His complete
submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 27 Dec 71 and was
honorably discharged on 26 May 75. The DD Form 214 for this separation
reflects a total of 3 years and 5 months of active service. His primary
AFSC and title was listed as 70250/Administrative Specialist.
The applicant immediately reenlisted on 27 May 75 and, on 1 Apr 93, retired
from the Air Force in the grade of senior master sergeant. The DD Form 214
reflects active service for this period as 17 years, 10 months, and 4 days,
as well as his prior active service of 3 years and 5 months, for a total of
21 years, 3 months and 4 days on active duty. His primary AFSC and title
was listed as 70290/Information Management Superintendent.
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 30% for his service-connected conditions of
degenerative arthritis/left shoulder, tinnitus, impaired hearing, and right
shoulder condition.
His CRSC application was disapproved on 24 Apr 06 because his service-
connected medical condition was determined not to be combat-related. His
appeal was disapproved on 16 Jul 06.
By letter dated 16 Aug 06, HQ AFPC/DPPRY advised the applicant his DD Form
214, dated 31 Mar 93, had been administratively corrected to reflect
receipt of the MSM 1OLC.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD provides a review of the applicant’s
medical records and contends the applicant’s belief that his AFSC has been
excluded from CRSC is not accurate. Evidentiary requirements for awarding
CRSC vary by career field. Certain specialists, such as aircrew members
and aircraft maintainers who are exposed to combat-related noise on a day-
to-day basis, are required to show in-service hearing loss to be granted
CRSC. Other specialties that don’t have the routine, prolonged combat-
related noise exposure, such as administrative [emphasis advisory’s], civil
engineering, and so forth, are required to show evidence of a combat-
related acoustic trauma which caused the hearing condition in order for
CRSC to be awarded. While it is evident the applicant occasionally
[emphasis advisory’s] performed additional duties that may have exposed him
in certain combat-related noise, there is no evidence to confirm any combat-
related acoustic trauma occurred. Simply being assigned an additional
duty, being in an exercise environment, or even performing hazardous
service does not automatically qualify an individual for CRSC. DPPD must
look at what caused the injury, the activities taking place at the time,
and resulting disability. As such, many disabilities are ineligible for
compensation under this program per DOD Program Guidance. Without clear
documentation to show these conditions began while on active duty, DPPD is
unable to approve CRSC.
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 25 Aug
06 (Exhibit D) for review and comment within 30 days. As of this date,
this office has received no response.
________________________________________________________________
HE 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. The 31 Mar 93 DD Form 214 has been
administratively corrected to reflect receipt of the second MSM. The
service dates and amount of active service are correctly reflected on the
applicant’s two DD Form 214s, as indicated in the Statement of Facts. As to
the remaining issue, after a thorough review of the available evidence of
record, it is our opinion 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 this application in Executive
Session on 16 January 2007, under the provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Michael V. Barbino, Member
Mr. Alan A. Blomgren, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2006-01663 was considered:
Exhibit A. DD Form 149 (2), dated 27 May & 7 Jun 06,
w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPD, dated 3 Aug 06.
Exhibit D. Letter, SAF/MRBR, dated 25 Aug 06.
THOMAS S. MARKIEWICZ
Chair
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