RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-03157
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, hearing loss 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 hearing loss and tinnitus are not adequately documented in
his records to show it was caused from preparation for combat.
He was a security specialist for over 20 years and during that
time, he was constantly in areas with excessive noise on the
flight line. As a training instructor at Lackland AFB, TX, they
used M-60 machine guns, pyrotechnics, and grenades, which exposed
him to loud noise. His records indicated the flight line duties
and weapons firing were the contributing factors to his tinnitus
and hearing loss.
In support of his request, the applicant submits a letter from
AFPC/DPSD, copies of his training certificates, and extracts from
his medical records.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant retired from the Air Force after completing
20 years, 5 months and 16 days of total active service.
On 3 November 2005, his CRSC application was disapproved based
upon the fact that his service-connected medical conditions were
determined not to be combat-related. His submissions on 22 July
2008, 14 May 2009, and 18 August 2010 for reconsideration were
disapproved because no evidence was provided to confirm his
disabilities were the direct result of armed conflict, hazardous
service, instrumentality of war, or simulating war.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSDC recommends denial. DPSDC states while SF 513, Consultation Sheet, reflects, Worked in flight line in the
past, there is no indication that the medical providers
confirmed flight line duties. A review of documentation provided
does not confirm duties placing the applicant in direct proximity
of aircraft engine noise or ordnance explosion. The applicants
condition does not meet the mandatory criteria for compensation
under the provisions of Title 10, U.S.C., Chapter 71, Section
1413a of the CRSC program.
In an initial claim, the applicant stated his impaired hearing
and tinnitus was incurred from exposure to weapons fire and
aircraft engine noise during his military career. In his June
2008 reconsideration request, he clarified his disabilities were
incurred while performing his duties under conditions simulating
war. In subsequent reconsideration requests, the applicant
reiterates the source of his disabilities was his exposure to
weapons, pyrotechnic and aircraft noise.
The fact the applicant incurred a disability during a period of
simulating war, in an area of simulated armed conflict, or while
participating in simulated combat operations is not sufficient by
itself to support a combat-related determination.
The DPSDC complete evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant provides copies of his performance reports and his
medical consultation sheet to support his contention that he was
exposed to aircraft engine noise on the flight line.
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 not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
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-2010-03157 in Executive Session on 1 June 2011, under
the provisions of AFI 36-2603:
Panel Member
Member
Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2010-03157 was considered:
Exhibit A. DD Form 149, dated 25 Aug 2010, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSDC, dated 6 Oct 2010, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 22 Oct 2010.
Exhibit E. Letter, Applicant, dated 25 Oct 2010, w/atchs.
Panel Chair
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