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AF | BCMR | CY2011 | BC-2011-03441
Original file (BC-2011-03441.txt) Auto-classification: Denied
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 Board’s 
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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