RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-00980

					COUNSEL:  NONE

		HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

He be entitled to benefits under the Combat-Related Special 
Compensation (CRSC) program for tinnitus.  


APPLICANT CONTENDS THAT:

He should be awarded CRSC for tinnitus, due to the loud noises he 
endured from working on the flight line as a crew chief and 
pulling alert duties.

His tinnitus is from the loud noises he experienced while working 
on the flight line and during Temporary Duty (TDY) assignments all 
over the South Pacific, including missions over in Vietnam.

He provides two statements from his medical providers; however, he 
was denied by the CRSC board and believes because of the 
acoustical trauma he experienced, this Board would be in favor of 
amending his record to qualify for CRSC.

The Board should find it in the interest of justice to consider 
his untimely application because he has tinnitus due to all of the 
noise trauma that he endured while working on the flight line and 
temporary duty assignments during his twenty years of service.

The applicant’s complete submission, with attachments, is at 
Exhibit A.


STATEMENT OF FACTS:

On 24 Feb 71, the applicant initially entered the Regular Air 
Force in the grade of airman basic.  He served as an Aircraft 
Maintenance Technician for 19 years and 6 months.

On 28 Feb 91, the applicant was retired from active duty in the 
grade of Technical Sergeant (TSgt/E-6), and was credited with 
20 years and 7 days of active service.   

The CRSC program was established to provide compensation to 
certain retirees with Combat-Related disabilities that qualify 
under established criteria.  If the veteran fails to satisfy the 
preliminary CRSC criteria, no further consideration by their 
service department is required and the claim will be denied 
accordingly.  If the veteran satisfies the preliminary CRSC 
criteria, the claim is reviewed for combat-related determination.


AIR FORCE EVALUATION:

AFPC/DPFDC recommends denial indicating that his condition of 
tinnitus does not meet the mandatory criteria for compensation 
under the CRSC program as outlined under the provisions of Title 
10 U.S.C., Section 1413a and the Office of the Under Secretary of 
Defense (OUSD) Guidance.  There is no documentation confirming his 
tinnitus was incurred during his service.  

DPFDC notes in his initial claim the applicant indicates his 
tinnitus was incurred from his duties as a KC-135 Alert Expeditor 
while “responding to alert exercises once or twice a month with 
six tanker [sic] on alert firing there [sic] cartridges and 
running there [sic] engines to power.”  In his DD Form 149, 
Application for Correction of Military Record, he asserts that his 
tinnitus, “which was not documented in my records” should be 
approved for CRSC due to his 20 years of working on the flight 
line and his aircraft alert duties.

Per OUSD Guidance, determinations of whether a disability is 
combat related will be based on the preponderance of available 
documentary 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. When determining if 
a person qualifies for CRSC due to tinnitus, the board looks for: 
1) documentation confirming instances of direct exposure to a 
combat-related acoustic trauma, and, 2) confirmation the condition 
manifested while in service.  On 10 Oct 13, DPFDC advised the 
applicant that his Air Force duties are potentially approvable for 
compensation for tinnitus (they meet the direct exposure to a 
combat-related acoustic trauma criteria). However, there is no 
confirmation his condition manifested itself in service.

The Department of Veterans Affairs (DVA) awarded this condition on 
8 Jul 11, 20 years after his 1 Mar 91 retirement.  A Standard Form 
600, Chronological Record of Medical Care, dated 5 Oct 11, 
references the applicant has indicated a problem with tinnitus and 
hearing loss, but the provisional diagnosis only mentions hearing 
loss.  Hearing Loss and Tinnitus Disability Benefits 
Questionnaire, dated 13 Dec 12, indicates a diagnosis of hearing 
loss; there is only a reference to the applicant’s “report” that 
he “noticed tinnitus just prior to retirement.”  However, this 
document is dated more than 20 years after retirement, and there 
is no confirmation from prior to his 1991 retirement of a 
report/diagnosis of tinnitus while in service.

In the applicant’s medical records, service audiometric exams, 
annual physicals, and retirement physical are all silent for 
complaint or diagnosis of tinnitus.  If the applicant has in 
service medical documentation confirming his tinnitus manifested 
or was diagnosed while in service (as opposed to 20 years after 
retirement) he should submit this documentation for 
reconsideration.

The complete DPFDC evaluation, with attachments, is at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant notes the CRSC office already indicates that his Air 
Force duties are potentially approvable for compensation for 
tinnitus (they meet the direct exposure to a combat-related 
acoustic trauma criteria).  However, they said there is no 
confirmation that his condition manifested itself in service. 

He has already provided the Hearing Loss and Tinnitus Disability 
Questionnaire, dated 13 Dec 12, performed by the DVA stating the 
veteran's tinnitus is: At least likely as not (50 percent 
probability or greater) caused by or a result of military noise 
exposure.  Rationale: noise exposure for this veteran was 
significant as an aircraft maintenance technician throughout his 
20 years in service.

He has provided copies of his enlisted performance reports as 
documentary information confirming instances of direct exposure to 
a combat-related acoustic trauma.  He also have two Ear Nose and 
Throat (ENT) doctors state his condition of tinnitus was due to 20 
years military service noise exposure and believes this is where 
his tinnitus was manifested in service.  

In support of his response, the applicant provides copies of his 
Airman Performance Reports (APRs) and excerpts from his DVA 
record.

The applicant’s complete response, 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 an error or injustice.  We took 
notice of the applicant’s complete submission, including his 
response to the Air Force evaluation, in judging the merits of the 
case.  However, 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 of injustice.  Therefore, in the 
absence of evidence to the contrary, we find no basis to recommend 
granting the requested relief.


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-2014-00980 in Executive Session on 16 Jun 15 under the 
provisions of AFI 36-2603:

		, Panel Chair
		, Member
		, Member

The following documentary evidence pertaining AFBCMR Docket Number 
BC-2014-00980 was considered:

	Exhibit A.  DD Form 149, dated 5 Mar 14, w/atchs.
	Exhibit B.  Pertinent Excerpts from Personnel Records.
	Exhibit C.  Letter, AFPC/DPFDC, dated 1 Apr 14.
	Exhibit D.  Letter, SAF/MRBR, dated 30 May 14.
	Exhibit E.  Letter, Applicant, dated 11 Jun 14, w/atchs.