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.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His impaired hearing was caused by the noise exposure he experienced while
performing duties as a Reprographic Superintendent. He believes the
exposure he endured from high-speed folders should qualify him for CRCS.
In support of his request, the applicant provided DD Form 2860, Application
for Combat-Related Special Compensation (CRSC).
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 1 Jul 88, applicant retired from the Air Force in the grade of senior
master sergeant, after serving 24 years, 9 months and 28 days on active
duty.
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 20% for his service-connected conditions.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD provides a review of the applicant’s
medical records and notes 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 and
the condition was shown to have manifested while in service. The source of
the noise exposure claimed by the applicant is not considered combat-
related since these items are not used in real/simulated armed conflict or
hazardous service, and are not considered instrumentalities of war.
Although his condition was deemed service-connected by the Veterans
Administration (VA), the VA standard is to resolve doubt in the interest of
the veteran and grant service connection for injuries or disease incurred
while in-service. DPPD states administrative specialties that do not have
routine, prolonged combat-related noise exposure are required to show
evidence of a combat-related acoustic trauma, which caused the hearing
condition in order to be awarded. 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. DPPD considers 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 the CRSC
program per the Department of Defense Program Guidance. DPPD states the
applicant's condition does not meet the mandatory criteria for compensation
under the CRSC program.
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 23 Mar
07 for review and comment within 30 days. As of this date, this office has
received no response. (Exhibit D)
_________________________________________________________________
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.
4. The applicant's case is adequately documented and it has not been shown
that a personal appearance with or without counsel will materially add to
our understanding of the issues involved. Therefore, the request for a
hearing is not favorably considered.
_________________________________________________________________
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 AFBCMR Docket number BC-2007-
00669 in Executive Session on 23 July 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 was considered:
Exhibit A. DD Form 149, dated 28 Feb 07, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 16 Mar 07.
Exhibit D. Letter, SAF/MRBR, dated 23 Mar 07.
THOMAS S. MARKIEWICZ
Chair
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