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AF | BCMR | CY2007 | BC-2007-01809
Original file (BC-2007-01809.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-01809
            INDEX CODE:  108.07

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  9 DEC 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 worked near the flight line and  was  affected  by  aircraft  noise.   He
volunteered to work in the aircraft barrier section for two weeks.  He  also
worked in the Non-Commissioned Officer’s (NCO) club and was exposed to  loud
playing bands during off duty hours.   Because  of  these  reasons,  he  has
become hard of hearing and has worn hearing aids for about 30 years.

In support of his request, the applicant provided a personal statement.

Applicant’s complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant having served 22 years,  6  months,  and  7 days  on  active  duty
retired from the Air Force on 1 December 1977  in  the  grade  of  technical
sergeant.  He served as an Administration Technician.

Available DVA records reflect a combined compensable rating of 30%  for  his
unfitting conditions.

His CRSC application was disapproved on 1 June  2003  and  27 February  2007
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 although  aircrew  duties  can  be
strenuous, conditions developed through the performance  of  normal  service
are  not  usually  considered  combat-related.   When  considering   chronic
conditions it may be difficult to determine that armed  conflict,  hazardous
service, instrumentality of  war,  or  simulating  war  was  the  definitive
cause.  To  be  eligible  for  compensation,  clear  documentation  must  be
provided to indicate an injury occurred and was caused by a  combat  related
factor (such as ejection from an aircraft) rather than from  routine  causes
or  the  veteran’s  particular  physical  make-up.   While  the  applicant’s
condition meets the VA requirements for service-connected compensation,  the
evidence  does  not  support  additional  compensation  under  CRSC.    This
condition does not meet the mandatory criteria for  compensation  under  the
CRSC program.

The DPPD complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the evaluation and states he started loosing his  hearing
while assigned at Fairchild Air Force Base.  He worked 400 to 500 feet  from
an active flight line.  Aircraft fighters (F-4s, F-105s, and  B-52  bombers)
were often taking off and landing.  The take offs were accompanied by  after
burners which brought the  noise  to  an  extremely  high  level.   He  also
volunteered for duties in the aircraft barrier section  at  Ubon  Air  Force
Base.

Applicant’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.  The available evidence of record does  not
support  a  finding  that  the  service-connected  medical   condition   the
applicant believes is combat-related was 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-2007-
01809 in Executive Session on 2 November 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 30 May 2007, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 9 July 2007.
    Exhibit D.  Letter, SAF/MRBR, dated 13 July 2007.
    Exhibit E.  Letter, Applicant, dated 16 July 2007.





                                   THOMAS S. MARKIEWICZ
                                   Chair

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