Search Decisions

Decision Text

AF | BCMR | CY2007 | BC-2006-01663
Original file (BC-2006-01663.doc) Auto-classification: Denied



                            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

Similar Decisions

  • AF | BCMR | CY2007 | BC-2006-03866

    Original file (BC-2006-03866.doc) Auto-classification: Denied

    The applicant believes his Impaired Hearing and Tinnitus were caused by the noise exposure he experienced while performing duties as a senior woodworker. After a thorough review of the available evidence and the applicant’s complete submission, we find no evidence that he was awarded the AFCM 3OLC. Nor do we find evidence showing that his records should be corrected to show he was promoted to any grade higher than that currently reflected.

  • AF | BCMR | CY2004 | BC-2003-03621

    Original file (BC-2003-03621.DOC) Auto-classification: Denied

    _________________________________________________________________ APPLICANT CONTENDS THAT: His AF Form 356, Findings and Recommended Disposition of USAF Physical Evaluation Board, line 10(b) is marked YES, as the disability did occur during a time of war in the line of duty. What the Air Force is telling him is that in no way an Air Force member can have a combat-related injury if they were medically retired and entered the Air Force prior to the date indicated on the form. DPPD states the...

  • AF | BCMR | CY2007 | BC-2006-03641

    Original file (BC-2006-03641.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-03641 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 1 JUN 08 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical condition, impaired hearing, be assessed as combat related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act. He...

  • AF | BCMR | CY2006 | BC-2005-01248

    Original file (BC-2005-01248.DOC) Auto-classification: Denied

    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...

  • AF | BCMR | CY2006 | BC-2005-02308

    Original file (BC-2005-02308.DOC) Auto-classification: Denied

    He contracted his initial enlistment in the Regular Air Force on 25 Sep 72. 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. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error...

  • AF | BCMR | CY2007 | BC-2006-03167

    Original file (BC-2006-03167.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-03167 INDEX CODE: 108.07 COUNSEL: MILITARY ORDER OF THE PURPLE HEART HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 18 DEC 07 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical condition, impaired hearing, be assessed as combat related in order to qualify for compensation under the Combat Related Special...

  • AF | BCMR | CY2007 | BC-2007-00669

    Original file (BC-2007-00669.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-00669 INDEX CODE: 108.07 XXXXXXX COUNSEL: NONE HEARING DESIRED: YES MANDATORY CASE COMPLETION DATE: 4 SEPTEMBER 2008 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected disability of Impaired Hearing be evaluated in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act. DPPD...

  • AF | BCMR | CY2008 | BC-2008-00757

    Original file (BC-2008-00757.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-00757 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO ______________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical condition, impaired hearing be reevaluated as combat-related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act. In support of his request, he provided...

  • AF | BCMR | CY2006 | BC-2005-01530

    Original file (BC-2005-01530.DOC) Auto-classification: Denied

    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. 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. _________________________________________________________________ THE BOARD DETERMINES THAT: The...

  • AF | BCMR | CY2006 | BC-2005-00732

    Original file (BC-2005-00732.DOC) Auto-classification: Denied

    His CRSC application was disapproved on 19 Aug 04 based upon the fact that his service-connected medical conditions were determined not to be combat- related. DPPD provided a review of his relevant medical history and states no evidence can be found to indicate any of the claimed conditions were caused by a combat related injury or event. After a thorough review of the available evidence of record, it is our opinion that the service-connected medical conditions the applicant believes are...