Search Decisions

Decision Text

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 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

Similar Decisions

  • 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 | 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 | CY2007 | BC-2006-01663

    Original file (BC-2006-01663.doc) Auto-classification: Denied

    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. 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. ...

  • 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 | 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-2005-02593

    Original file (BC-2005-02593.DOC) Auto-classification: Denied

    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...

  • AF | BCMR | CY2004 | BC-2004-01042

    Original file (BC-2004-01042.DOC) Auto-classification: Denied

    His complete response, with attachments, is at Exhibit E. _________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: The BCMR Medical Consultant recommends denial. If his records had not been destroyed in St. Louis, his records would reflect the disability. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material...

  • 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 | CY2008 | BC-2007-02440

    Original file (BC-2007-02440.doc) Auto-classification: Denied

    _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSD recommends denial. We must look at what caused the injury or condition, activities taking place at the time, and resulting disability. The available evidence of record does not support a finding that the service-connected medical conditions the applicant believes are combat-related were incurred as the direct result of armed conflict, while engaged in hazardous service, in the performance...

  • AF | BCMR | CY2005 | BC-2004-03895

    Original file (BC-2004-03895.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-03895 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: Not Indicated MANDATORY CASE COMPLETION DATE: 24 Jun 06 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, hypertensive heart disease and impaired hearing, be assessed as combat related in order to qualify for compensation under the Combat...