RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-03441
COUNSEL: NONE
HEARING: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be changed to show he qualifies for Combat-Related
Special Compensation (CRSC) due to his service connected impaired
hearing and tinnitus.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His hearing loss and tinnitus are a direct result of his wartime
experiences in Vietnam. He was stationed at Bien Hoa AFB,
Republic of Vietnam in barracks within close proximity to a 75MM
howitzer. In addition, a rocket exploded approximately 50 feet
from his bunker.
All his medical records were lost when the hospital at George
AFB, CA closed.
In support of his request, the applicant provides copies of a
private hearing exam, documentation related to an earlier denial
of his claim, and the Department of Veterans Affairs (DVA)
determination of the service connection for his tinnitus.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant retired from the Air Force on 30 Jun 86 after
serving 20 years, 4 months, and 27 days of active service.
According to information provided by the applicant, on 16 Jun 10,
the DVA issued a Rating Decision awarding him a ten (10) percent
disability rating for tinnitus.
The remaining relevant facts pertaining to this application are
described in the letter prepared by the Air Force office of
primary responsibility (OPR) which is attached at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSDC recommends denial indicating there is no evidence of
an error or injustice. The applicant submitted a claim to the
CRSC Board at the Air Force Personnel Center (AFPC) seeking CRSC
for impaired hearing and tinnitus. His claim was disapproved on
10 Nov 10. He requested reconsideration of the Boards
disapproval but the request was denied on 19 Feb 11, and again on
16 Aug 11. By law, determinations of whether a disability is
combat related will be based on the preponderance of available
documentary information. There must be a definite, documented,
causal relationship between the armed conflict and the resulting
disability. The Board also looks for documentation that the
conditions were shown to have manifested while in service (or
within 1 year of retirement). The applicant provided no evidence
to confirm these disabilities were the direct result of armed
conflict, hazardous service, instrumentality of war, or
conditions simulating war. Since we have been unable to obtain
documentation confirming his conditions were caused by a combat-
related event or that they manifested while he was in service
(rather than 20 years later), we are unable to approve his
condition for CRSC.
The complete AFPC/DPSDC evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 18 Nov 12 for review and comment within 30 days. As of this
date, no response has been received by this office (Exhibit D).
________________________________________________________________
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 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. As such, 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 the applicant has not
been the victim of an error or injustice. Therefore, 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 the evidence presented did not
demonstrate the existence of material 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-2011-03441 in Executive Session on 26 Mar 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2011-03441 was considered:
Exhibit A. DD Form 149, dated 13 Aug 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSDC, dated 2 Nov 11.
Exhibit D. Letter, SAF/MRBR, dated 18 Nov 11.
Panel Chair
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