RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00191
		INDEX CODE:  108.07
		COUNSEL:  NONE
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		HEARING DESIRED:  NO
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MANDATORY CASE COMPLETION DATE:  24 Jul 05

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APPLICANT REQUESTS THAT:

His service-connected medical conditions, hearing loss and labrynthitis, 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:

His hearing loss was exacerbated by his active duty in the security career field, where he was required to work around aircraft flight lines with loud engines.  He was also required to qualify in small arms and to instruct others in small arms use.  This duty was performed prior to hearing protection being required by the Air Force.

His complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force on 9 September 1948.  He was progressively promoted to the grade of senior master sergeant.  He served as an Air Policeman and Recruiter/Salesman.  He voluntarily retired from the Air Force on 1 August 1971, having served 22 years, 9 months, and 10 days on active duty.

Current Department of Veterans Affairs (DVA) records reflect a combined compensable rating of 60% for his unfitting conditions.  

His CRSC application was disapproved on 22 October 2003, based on the fact that his service-connected medical conditions were determined not to be combat related.  However, on 12 February 2004, he was approved for 20% CRSC for a malignant growth and 50% CRSC for mood disorder under the new law.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial of applicant’s request that his hearing loss and labrynthitis be assessed as combat related in order to qualify for compensation under the CRSC.  AFPC/DPPD states, in part, that although applicant’s mood disorder is considered to be combat related, his hearing loss and labrynthitis disabilities are not the direct result of armed conflict, hazardous service, or an instrumentality of war.

The AFPC/DPPD evaluation, with attachment, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 7 May 2004 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 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 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 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-2004-00191 in Executive Session on 6 April 2005, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 Jan 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 21 Apr 04, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 7 May 04.

                                   Chair