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AF | BCMR | CY2008 | BC-2008-00757
Original file (BC-2008-00757.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-00757
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  NO

______________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical condition, impaired hearing be reevaluated  as
combat-related in  order  to  qualify  for  compensation  under  the  Combat
Related Special Compensation (CRSC) Act.

______________________________________________________________

APPLICANT CONTENDS THAT:

His hearing condition  was  incurred  during  the  Korean  War.   He  was  a
military  police  specialist  and  was  exposed  to  traumatic  noise  while
standing guard.

In support of his request, he provided  documentation  associated  with  his
CRSC application.

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

______________________________________________________________

STATEMENT OF FACTS:

On 19 May 52,  the  applicant  contracted  his  initial  enlistment  in  the
Regular Air Force.  He was progressively promoted to the grade of  technical
sergeant having assumed the grade effective and with a date  of  rank  of  1
Dec 68.  He was honorably retired on 1 Jul 73.

He submitted an application for CRSC for  impaired  hearing  and  injury  to
intrinsic muscles of the hand.  On 1 Oct 07,  the  request  was  disapproved
because no  evidence  was  provided  to  support  his  contention  that  the
disabilities were the direct result of armed  conflict,  hazardous  service,
instrumentality of war, or simulating war.

______________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states the applicant’s  career  field  is
one of the specialties considered to have occasional exposure to  qualifying
combat-related noise.  No documentation was provided showing he was  exposed
to acoustic trauma due to a combat-related event.

APFC/DPPD's complete evaluation, with attachments, is at Exhibit C.

______________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and submitted a copy of  the
Department of Veterans  Affairs  (DVA)  rating  decision  dated  17  Apr  04
(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-2008-
00757 in Executive Session on 19 Aug 08, 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 pertaining to AFBCMR  Docket  Number  BC-
2008-00757 was considered:

      Exhibit A.  DD Form 149, dated 22 Feb 08, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPSD, dated 24 Apr 08, w/atchs.
      Exhibit D.  Letter, SAF/MRBR, dated 9 May 08.
      Exhibit E.  Applicant’s VA Rating Decision, dated 23 Feb 08.





                                             THOMAS S. MARKIEWICZ
                                             Chair

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