RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-00210
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical condition, tinnitus, be assessed as combat-
related in order to qualify for compensation under the Combat Related
Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was deployed to areas where his living quarters and work areas were in
close proximity to the flight line. Also, there was loud noise from
generators next to his living quarters that were in operation at all times.
During the Gulf War he would physically check F-16s for contamination
while the engines were running.
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 entered active duty in the Regular Air Force on 15 December 1983.
He was progressively promoted to the grade of technical sergeant, having
assumed that permanent grade effective and with a date of rank of 1 August
2002. He served as a Survival Equipment Craftsman. He was relieved from
active duty on 31 August 2006 and retired 1 September 2006, having served
22 years, 8 months, and 16 days on active duty.
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 10% for his unfitting conditions.
His CRSC application was disapproved on 28 September 2007 based upon the
fact that his service-connected medical condition was determined not to be
combat-related.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSD recommends denial. DPSD states tinnitus cannot be considered
combat-related unless it is incidental to a combat-related event or due to
documented, continual, extensive exposure to combat-related noise (i.e.,
aircraft, weapons firing), and the condition was shown to have manifested
while in service. Additionally, the Air Force Specialty Code listed on his
DD Form 214, Certificate of Release or Discharge from Active Duty,
(Survival Equipment Craftsman) is currently not eligible for compensation
for tinnitus unless evidence clearly indicates he suffered from acute
combat-related trauma resulting in the condition.
AFPC/DPSD’s complete evaluation, with attachment, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 14 March 2008, 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 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-2008-
00210 in Executive Session on 12 May 2008, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Alan A. Blomgren, Member
Mr. James W. Russell III, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 January 2007, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSD, dated 4 March 2008.
Exhibit D. Letter, SAF/MRBR, dated 14 March 2008.
THOMAS S. MARKIEWICZ
Chair
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