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
AF | BCMR | CY2007 | BC-2006-03641
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 | CY2004 | BC-2003-04226
At the time of his retirement physical he denied otoxins, vertigo, or ear fullness and tinnitus, though the physician's impression was bilateral sensory hearing loss on his left ear and conductive deafness on his right ear. His bilateral hearing loss is documented as incurred while on active duty but is not considered to be combat-related. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did...
AF | BCMR | CY2007 | BC-2007-00768
The VA Rating Decision, dated 25 July 2003, states the applicant’s “service medical records are negative for tinnitus…” No other evidence was provided to indicate this condition began while the applicant was on active duty. After 50 years passage of time, his memory of those early active duty years in the Air Force may not be complete, but he does recall his complaint to the medical personnel at Yokota AFB of ear problems which persist to this day. After a thorough review of the...
AF | BCMR | CY2007 | BC-2006-02048
DPPD states the applicant believes his back condition is directly related to performing aircrew duties. After a thorough review of the available evidence of record, it is our opinion that the service-connected medical conditions the applicant believes are combat-related were 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, do not qualify...
AF | BCMR | CY2007 | BC-2007-00669
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 | CY2004 | BC-2003-03621
_________________________________________________________________ APPLICANT CONTENDS THAT: His AF Form 356, Findings and Recommended Disposition of USAF Physical Evaluation Board, line 10(b) is marked YES, as the disability did occur during a time of war in the line of duty. What the Air Force is telling him is that in no way an Air Force member can have a combat-related injury if they were medically retired and entered the Air Force prior to the date indicated on the form. DPPD states the...
AF | BCMR | CY2005 | BC-2003-04056
A 30 Mar 67, Physical Evaluation Board (PEB) hearing found that he was fit for duty at that time. After a thorough review of the available evidence of record, it is our opinion that the service-connected medical conditions the applicant believes are combat-related were 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, do not qualify for...
AF | BCMR | CY2005 | BC-2003-03782
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-03782 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, paralysis of left ulnar nerve, limited flexion of knee, and left shoulder bursitis, be assessed as combat related in order to qualify for compensation under the Combat Related Special...
AF | BCMR | CY2007 | BC-2006-02138
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-02138 INDEX CODE: 108.07 COUNSEL: NOT INDICATED HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 18 JAN 08 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, buerger’s disease of the lower extremities and tinnitus, be assessed as combat related in order to qualify for compensation under the...
AF | BCMR | CY2005 | BC-2003-03824
The DPPD evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant states his injuries occurred during training operations and according to CRSC criteria he is eligible for compensation since the injuries were incurred during an ORI and while deployed to Egypt to participate in Operation Accurate Test. The Medical Consultant states the fact that a member incurred a disability during a period of war or...