RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00108
		INDEX CODE:  108.07
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His service-connected medical conditions, impaired hearing, tinnitus, and right knee arthritis, 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:

He participated in air offenses phase from August to October 1968.  During this time he was part of several convoys in Vietnam in which his unit built a Marine base using all types of heavy equipment.  He was exposed to combat noise from aircraft, artillery shells, demolition, and heavy equipment.  He was unable to wear earplugs because of the combat area.

In support of his request, applicant provided a personal statement and his CRSC denial letter.  His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

After serving in the Air National Guard, applicant contracted his initial enlistment in the Regular Air Force on 5 Feb 54.  He was progressively promoted to the grade of technical sergeant, having assumed that grade effective and with a date of rank of 1 Jul 72.  He served as a Heavy Equipment Operator.  He voluntary retired from the Air Force on 28 Feb 74, having served 20 years, 1 month, and 11 days on active duty.

Current Department of Veterans Affairs (DVA) records reflect a combined compensable rating of 100% for his unfitting conditions.  

His CRSC application was approved for diabetes mellitus and malignant growth genitourinary, both rated at 20%.  His impaired hearing, tinnitus, and degenerative arthritis were disapproved based upon the fact that the service-connected medical condition was determined not to be combat-related.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states he had a history of being a heavy equipment operator during his military service and followed that same type of work after his military career.  Even though the DVA determined his hearing loss and tinnitus to be service related, they are not considered to be the result of combat related acts, instrumentality of war, or due to hazardous service.  There is no record that could account for his right knee problem other than in April 1970 when he complained of knee locking and giving away when running.  He was diagnosed with degenerative arthritis and placed on a temporary restrictive profile.  

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responded to the Air Force evaluation and advised the Board that his DVA combined rating has been increased to 100%.  His complete response is at Exhibit E.

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5139 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 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-2004-00108 in Executive Session on 23 Feb 05, under the provisions of AFI 36-2603:
The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 9 Jan 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 6 Apr 04.
    Exhibit D.  Letter, SAF/MRBR, dated 16 Apr 04.
    Exhibit E.  Letter, Applicant, dated 23 Apr 04.

                                   Chair