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 Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His hearing loss was caused by the noise exposure, i.e., gun fire and
helicopter noise, he experienced while in combat. Also, a grenade that
exploded caused his combat-related injuries.
In support of his request, the applicant provided documentation associated
with his CRSC application.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered on active duty 18 August 1948. He was progressively
promoted to the grade of technical sergeant, having assumed that grade
effective and with a date of rank of 1 October 1967. He served as an
Aeromed Service Technician. On 31 October 1972, he was relieved from
active duty and retired from the Air Force on 1 November 1972, having
served 23 years, 6 months, and 8 days on active duty.
Available DVA records reflect a combined compensable rating of 30%
effective 4 October 2005 for his unfitting conditions.
His CRSC application was approved on 8 September 2006 for scars without
limited motion. However, it was disapproved for impaired hearing based
upon the fact that his service-connected medical condition was determined
not to be combat-related.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states the applicant’s condition has
been deemed service-connected by the VA; their standard is to resolve doubt
in the interest of the veteran and grant service connection for injuries or
disease incurred while in-service. Simply being assigned in a combat area,
being in an exercise environment, or even performing hazardous service
(flight crew, EOD, para-rescue, etc.) does not automatically qualify an
individual for CRSC. We must look at what caused the injury or condition,
the activities taking place at the time, and resulting disability. As
such, many disabilities are ineligible for compensation under this program
per the Department of Defense Program Guidance.
The applicant was granted service connection for his impaired hearing in
June 2006, over 30 years after his retirement from military service. Since
hearing loss is a common condition associated with the aging process, the
CRSC Board must have evidence of in-service loss to confirm the link
between the combat-related duties or acoustic trauma and the hearing
condition. Without this evidence, the CRSC board is unable to award
compensation. This condition does not meet the mandatory criteria for
compensation under the CRSC program.
The DPPD complete evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Counsel for the applicant indicates the applicant received the Purple Heart
and the Bronze Star with “V” device for actions during combat in the Korean
War. Therefore, exposure to acoustic trauma has been established during
direct combat with the enemy. The applicant has been awarded 30%
disability (bilateral hearing loss) due to directly related combat action
during the Korean War by the VA. Exposure to acoustic trauma on a daily
basis does cause hearing loss. It would be against the good order of the
Air Force to deny the applicant the right to CRSC after the service he has
given to his country.
Counsel’s complete response is at Exhibit E.
_________________________________________________________________
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
condition the applicant believes is combat-related was 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, does 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 an error or injustice; the application was denied without
a personal appearance; and 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-2006-
03167 in Executive Session on 23 July 2007, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Alan A. Blomgren, Member
Mr. Michael V. Barbino, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 Oct 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 23 Apr 07.
Exhibit D. Letter, SAF/MRBR, dated 4 May 07.
Exhibit E. Letter, Counsel, dated 23 May 07.
THOMAS S. MARKIEWICZ
Chair
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