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.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He desires CRSC for his service-connected medical condition. The
Communication Center at Phu Cat AB RVN, was much more noisy than most.
With over 30 teletype machines, coding machines, air conditioners, and many
internal circulating fans it was necessary to yell at each other to pass
instructions.
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:
Applicant contracted his initial enlistment in the Regular Air Force on 1
May 1951. He was progressively promoted to the grade of technical
sergeant, having assumed that grade effective and with a date of rank of 1
June 1966. He served as a Communication Center Supervisor. On 31 August
1971, he was relieved from active duty and retired from the Air Force on
1 September 1971, having served 20 years, 1 month, and 2 days on active
duty.
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 30% for his unfitting conditions.
His CRSC application was approved on 27 October 2006 for diabetes mellitus
rated at 20%; however, his diagnosis of impaired hearing was disapproved
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 impaired hearing cannot be
considered combat-related unless the condition is incidental to a combat-
related event or due to documented, continual, extensive exposure to combat-
related noise (i.e. regularly performing aircraft maintenance, routinely
exposed to weapons firing, etc.) and the conditions were shown to have
manifested while in service. The source of the noise exposure claimed by
the applicant (teletype machines, coding machines, etc) is not considered
combat-related since these items are not used in real/simulated armed
conflict or hazardous service, and they are not considered
instrumentalities of war.
Evidentiary requirements for granting CRSC for impaired hearing 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, civil engineering, communications, and so
forth, are required to show evidence of a combat-related acoustic trauma
which caused the hearing condition in order to CRSC to be awarded. There
is no evidence to confirm any combat-related acoustic trauma occurred.
Simply being assigned in a combat area, being in an exercise environment,
or even performing hazardous service (flight crew, EOD, pararescue, etc.)
does not automatically qualify an individual for CRSC.
The DPPD complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 2 February 2007, the evaluation was forwarded to the applicant 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
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-
03641 in Executive Session on 17 May 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 24 Nov 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 30 Jan 07.
Exhibit D. Letter, SAF/MRBR, dated 2 Feb 07.
THOMAS S. MARKIEWICZ
Chair
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