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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.

_________________________________________________________________

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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