RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01546
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:
His training and service in combat qualifies him for CRSC. He
was given a physical prior to retirement in December 1979 and a
hearing loss was detected. The Department of Veterans Affairs
(VA) has determined service connection for his impaired hearing
and tinnitus. This determination seems to contradict the
disapproval for CRSC.
In support of his request, the applicant submits a personal
statement and documentation associated with his CRSC application.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant with 24 years, 4 months and 28 days of active
service retired from the Air Force on 1 January 1980. He served
as a Scientific Analyst and Pilot.
His CRSC application was disapproved on 9 April 2010 based upon
the fact that his service-connected medical conditions were
determined not to be combat-related.
Available Department of Veterans Affairs (DVA) records reflect a
combined compensable rating of 10% for his unfitting conditions.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSDC recommends denial. DPSDC states although the burden
of proof lies with the claimant to provide supporting documents
(per DD Form 2860, Claim for Combat-Related Special
Compensation), DPSDC attempted to obtain documentation from the
VA to justify approval of the applicants request. They have
been unable to obtain supporting documentation. Specifically,
they requested in service audio examinations and his retirement
physical. The VA was unable to locate the applicants entire
medical record and only provided medical physicals (to include
audio examinations) from 1954, 1955, 1956, 1960, 1963, and 1964.
His audio examinations ranged from -10 Decibels (dB) to 15 dB
across the Hertz (Hz) threshold.
The VA examination, and audio examination, referenced in his VA
award for impaired hearing is dated 29 October 2008, more than
28 years after his retirement. The CRSC Board looks for at least
a 25 dB loss at across the Hz threshold. This number is far more
generous than the 40 Hz the VA uses; however, per VA guidance
they look for a direct link, which is why DPSDC looks for in-
service hearing loss, versus hearing loss manifesting years after
a Veteran retires. Since DPSDC has been unable to obtain
documentation confirming the applicants conditions manifested
while he was in service, CRSC cannot be approved.
The DPSDC complete evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the evaluation and states he flew fighters
for several years in Europe and during the cold war. During the
time period in question, members were not issued ear protectors.
The problem of hearing loss due to jet noise had not been
determined. During his separation physical it was noted he had a
hearing disability. The VA has attributed his hearing disability
directly to military service. He should not be penalized because
the Air Force lost his military personnel records.
The applicants complete submission, with attachments, 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 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.
In addition, the applicant indicates he had a hearing disability
which was detected during his separation physical; however, he
has not provided sufficient evidence to confirm his condition
manifested while he was in the service. In the absence of
evidence to the contrary, we find no 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-2010-01546 in Executive Session on 14 February 2011,
under the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2010-01546 was considered:
Exhibit A. DD Form 149, dated 20 April 2010, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSDC, dated 13 August 2010, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 20 August 2010.
Exhibit E. Letter, Applicant, dated 25 August 2010, w/atchs.
Panel Chair
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