AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

DOCKET NUMBER:  BC-2012-00157 
COUNSEL:  NONE 
HEARING DESIRED:  NO 

 
 
IN THE MATTER OF: 
   
   
 
_________________________________________________________________ 
 
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: 
 
He  was  exposed  to  the  roar  of  jet  engines  which  caused  his 
hearing loss.  He believes his conditions should be approved for 
CRSC under the Instrumentality of War criteria. 
 
In  support  of  his  request,  the  applicant  provides  a  copy  of 
AFPC/DPSDC letter, dated 25 October 2011. 
 
 
Applicant’s complete submission, with attachments, is at Exhibit 
A. 
 
_________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
The applicant retired from the Air Force on 2 June 2003 in the 
grade of master sergeant, having served 26 years, 10 months, and 
7  days  on  active  duty.    His  service  for  basic  pay  totaled 
34 years, 8 months and 8 days. 
 
Available Department of Veterans Affairs (DVA) records reflect a 
combined compensable rating of 10% for his unfitting conditions. 
 
His  CRSC  application  was  disapproved  on  25  October  2011  based 
upon the fact that his service-connected medical conditions were 
determined not to be combat-related. 
 
_________________________________________________________________ 
 
 
 
 
AIR FORCE EVALUATION: 

for 

CRSC 

under 

be 

should 

approvable 

 
AFPC/DPSDC  recommends  denial.    DPSDC  states  that  the  applicant 
stated in his original claim his conditions were incurred while 
serving at the 934th Airlift Wing when he was exposed to the roar 
of  jet  engines,  and  from  being  exposed  to  small  arms  fire  in 
basic training and academic instructor training.  He believes his 
conditions 
the 
Instrumentality  of  War  (IN)  criteria.    He  DD  Form  214  reflects 
his  duties  as  a  cook  in  the  Army  and  medical  records  provided 
reflect he was assigned to the 934th Civil Engineering Squadron.  
Several entries indicate he was a food handler or cook, and one 
entry indicates he was an engineering craftsman. 
 
In accordance with DD Form 2860, Claim for Combat-Related Special 
Compensation (CRSC), an Instrumentality of War (IN) is a vehicle, 
vessel,  or  device  designed  primarily  for  Military  Service  and 
intended for use in such service at the time of the occurrence or 
injury.  There must be a direct, documented, causal relationship 
between  the  IN  and  the  resulting  disability  (injury  must  be 
caused  by  the  device  itself).    While  military  aircraft  are 
considered  instruments  of  war  we  must  look  for  a  direct  link 
between the IN and the disability. 
 
When determining if a person qualifies for CRSC due to impaired 
hearing or tinnitus 
 
To  award  CRSC  for  hearing  or  tinnitus,  there  must  be  clear 
documentation  of  an  acoustic  trauma  occurring  due  to  a  combat-
related  event  (such  as  a  medical  document  showing  “member  is 
complaining  of  ringing  in  ears/hearing  loss  after  guarding  an 
aircraft  overnight  when  the  engine  was  running”  or  ….after 
munitions explosion.” 
 
By  CRSC  law,  determinations  of  whether  a  disability  is  combat 
related  will  be  based  on  the  preponderance  of  available 
documentation information.  All relevant documentary information 
is  to  be  weighed  in  relation  to  known  facts  and  circumstances, 
and  determinations  will  be  made  on  the  basis  of  credible, 
objective documentary information in the records as distinguished 
from personal opinion, speculation, or conjecture.  Documentation 
provided  does  not  confirm  the  applicant’s  conditions  were  the 
direct  result  of  a  combat-related  acoustic  trauma.    Therefore, 
these  conditions  do  not  meet  the  mandatory  criteria  for 
compensation under the CRSC program. 
 
The complete DPSDC’s complete evaluation, with attachments, is at 
Exhibit C. 
 
_________________________________________________________________ 
 
 
 
 

 

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
 
On 27 April 2012, the evaluation was forwarded to the applicant 
for review and comment within 30 days (Exhibit D).  As of this 
date, this office has received no response. 
 
_________________________________________________________________ 
 
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  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, 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 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-2012-00157  in  Executive  Session  on  13  November  2012, 
under the provisions of AFI 36-2603: 
 
 
 
 
 
 
 

 

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The  following  documentary  evidence  pertaining  to  AFBCMR  Docket 
Number BC-2012-00157 was considered: 
 
    Exhibit A.  DD Form 149, dated 3 January 2012, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records. 
    Exhibit C.  Letter, AFPC/DPSDC, dated 12 April 2012, w/atchs. 
    Exhibit D.  Letter, SAF/MRBR, dated 27 April 2012. 
 
 
 
 
 
 

 

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