RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03390
		INDEX CODE:  108.07
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His service-connected medical conditions, neck strain, chronic low back pain, hemorrhoids and impairment of sphincter control, ingrown toenails, sinusitis, tinnitus, and hypertension, be assessed as combat related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act.

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APPLICANT CONTENDS THAT:

The CRSC board did not fully review all of his submitted documents in support of his claim.  The board only considered actual combat disabilities and did not consider his disabilities as being a result of conditions simulating war.

In support of his request applicant provided a copy of his CRSC denial letter.  His complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 31 Aug 72 and was separated on 14 May 80.  During that period he served as a Jet Engine Mechanic.  He was appointed a second lieutenant, Reserve of the Air Force on 15 May 80 and was progressively promoted to the grade of captain, having assumed that grade effective and with a date of rank of 15 May 84.  During that period he served as a Maintenance Officer.  On 31 Aug 92, he was retired for length of service.  He served 20 years and 1 day on active duty.

Current Department of Veterans Affairs (DVA) records reflect a combined compensable rating of 90% for his unfitting conditions, which included a rating at 10% for tinnitus.  His CRSC application was disapproved on 23 Jul 03 based on the fact that his medical conditions were determined not to be combat related.  However, based on the Medical Consultant's determination concerning his tinnitus, the CRSC board subsequently approved his tinnitus with a rating of 10%.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states his neck strain and chronic low back pain were the result of an off-duty automobile accident and non-combat-related.  His hemorrhoids were secondary to stress and since job related stress is not considered unique to the military, it is not eligible for CRSC.  The impairment of sphincter control is secondary to the hemorrhoids and would also be non-combat related.  There is no documentation that the sinusitis was caused by any combat related act and there is no documentation of tinnitus occurrence on active duty.  His hypertension was due to elevated blood pressure treated with medication, but not caused by combat related acts.  The preponderance of evidence made available appears to show normal duties performed during the completion of his military duties as an Assistant Maintenance Supervisor, and does not show a direct correlation to combat operations.

The DPPD evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states his neck strain and chronic low back pain is a result of a vehicle accident while driving from a military exercise to home.  A line-of-duty determination found his injuries to be in-line-of-duty.  His hemorrhoids and impairment of sphincter control was a result of, and aggravated by working the long hours of Operational Readiness Exercises.  His ingrown toenail was a result of negotiating leadership reaction exercises at Officer's Training School.  The sinusitis occurred during his many operational deployments as a maintenance officer on flight status.  His tinnitus is a result of being around aircraft during his 20 years of service, including many exercises he participated in.  His hypertension definitely occurred during Operational Readiness Inspections.  This condition happened to many in key and leadership conditions.  He should be given the benefit of the doubt that his service conditions were more likely developed during military exercises, than not.  

In support of his response, applicant provided a personal statement, an internet printout, and an OPM Form 813, Verification of a Military Retiree's Service in Non-wartime Campaigns of Expeditions.  His complete response, with attachments, is at Exhibit E.

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ADDITIONAL AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends approval of the applicant's request for compensation for tinnitus and denial of the remainder of his request.  The Medical Consultant states disabilities that are incurred as the direct result of performance of duties under conditions simulating war may qualify for CRSC.  However, the fact that a member incurred the disability during a military exercise or while participating in an exercise is not sufficient to support a combat-related determination.  There must be a definite causal relationship between those unique aspects of the exercise that simulate conditions comparable to combat and the disability in the same way that actual armed combat must directly cause the disability.  His back condition, neck condition, sinusitis, hemorrhoids, impairment of sphincter control, ingrown toenails, and hypertension were unrelated to conditions simulating war and were not caused by conditions simulating war.  

He did develop high frequency hearing loss while on active duty attributed to chronic loud noise exposure working on the flightline as a jet engine mechanic and aircraft maintenance officer.  There is documentation that shows a complaint of tinnitus associated with his flightline duties.  His hearing loss is rated at zero percent and does no qualify for CRSC.  

The Medical Consultant evaluation is at Exhibit F.

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APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy of the additional Air Force evaluation was forwarded to the applicant on 19 Oct 04 for review and comment within 30 days.  As of this date, this office has received no response.

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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.  After a thorough review of the available evidence of record, it is our opinion that with exception to his tinnitus, the service-connected medical conditions the applicant believes are combat-related were not 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.  We agree with the opinions and recommendations of the Air Force offices of primary responsibility and adopt their 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 compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered AFBCMR Docket Number BC-2003-03390 in Executive Session on 14 Dec 04, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 28 Jul 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 8 Jan 04.
    Exhibit D.  Letter, SAF/MRBR, dated 16 Jan 04.
    Exhibit E.  Letter, Applicant, dated 29 Jan 04, w/atchs.
    Exhibit F.  Letter, BCMR Medical Consultant, dated 24 Sep 04.
    Exhibit G.  Letter, SAF/MRBC, dated 19 Oct 04.