RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-02440
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, impaired hearing and tinnitus, be
assessed as combat related in order to qualify for compensation under the
Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He performed various duties within the security police career field. In
1970 and 1971, security police were not allowed to wear any type of hearing
protection, as it would interfere with his duties. Ground crews would
revive up aircraft engines in the revetment and although there were blast
shields in the rear, the noise was deafening. There are several studies
that indicate the damaging effects the EB-66E had on hearing, which was
conducted by the French, New Zealand and Australian Air Forces. He further
states there is no way to pinpoint his hearing loss just to one aircraft.
In support of his request, the applicant provided a personal statement and
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 14
January 1969. He was progressively promoted to the grade of master
sergeant, having assumed that grade effective and with a date of rank of 1
October 1988. He served as a Law Enforcement Supervisor and Security
Police Supervisor. On 30 November 1989, he was relieved from active duty
and retired from the Air Force on 1 December 2000, having served 20 years,
10 months and 17 days on active duty.
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 40% for his unfitting conditions.
His CRSC application was partially approved on 20 April 2007. The
diagnosis of diabetes mellitus due to Agent Orange exposure was determined
to be combat-related.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSD recommends denial. DPSD states 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 for CRSC to be awarded. Thus far they have
received no evidence to confirm any combat-related acoustic trauma
occurred.
Although applicant’s conditions have been deemed service-connected by the
VA, their standard is to resolve doubt in the interest of the veteran and
grant service connection for injuries or disease incurred while in-service.
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. We must look at
what caused the injury or condition, activities taking place at the time,
and resulting disability. As such, many disabilities are ineligible for
compensation under this program per the Department of Defense Program
Guidance. The impaired hearing and tinnitus do not meet the mandatory
criteria for compensation under the CRSC program.
The DPSD complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 12 October 2007, the evaluation was forwarded to the applicant for
review and comment within 30 days (Exhibit D). 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. The available evidence of record does not
support a finding that the service-connected medical conditions the
applicant believes are combat-related were 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 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-
02440 in Executive Session on 28 April 2008, 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 25 July 2007, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSD, dated 1 October 2007.
Exhibit D. Letter, SAF/MRBR, dated 12 October 2007.
THOMAS S. MARKIEWICZ
Chair
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