RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00314
		INDEX CODE:  108.07
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

1.  His service-connected medical conditions, hearing loss and tinnitus, be assessed as combat related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act.

2.  He be awarded the Korean Service Medal (KSM), the Purple Heart (PH) Medal, The Bronze Star (BS), and the Meritorious Service Medal (MSM).

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APPLICANT CONTENDS THAT:

His disability for which he was medically retired was incurred while he was in Thailand in combat.  A sapper blew up while he was carrying explosives and caused heavy damage to both ears.  He was returned to the states and retrained into a job that kept him from exposure to loud noises.  

In support of his request applicant provided documentation associated wit his CRSC application and the Purple Heart award criteria.  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 10 Feb 53.  He served various active and Reserve assignments.  He was progressively promoted to the grade of master sergeant, having assumed that grade effective and with a date of rank of 1 Jul 75.  He served as an Aircraft Mechanic and an Electronic Switching Systems Technician.  

An MEB convened on 13 Dec 77 and referred his case to an Informal Physical Evaluation Board (IPEB) with a diagnosis of conductive bilateral hearing loss.  On 30 Dec 77 the IPEB found him unfit for further military service based on a diagnosis of bilateral hearing loss.  The IPEB recommended that he be permanently retired with a compensable percentage of 30%.  Applicant was retired on 18 Feb 78 in the grade of master sergeant with a compensable rating of 30%.  He served 22 years, 7 months, and 12 days on active duty.

Based on the Medical Consultant's determination, the CRSC board subsequently approved his request for CRSC for his hearing loss rated and 60% and tinnitus rated at 10%.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states based on a review of his DVA records and personnel files, he served as an aircrew member for many years while on active duty and his impaired hearing is combat-related but his tinnitus is not combat-related.  His service medical records do not contain any complaints for tinnitus while in service.  The DPPD evaluation is at Exhibit C.

AFPC/DPPPR recommends denial.  DPPPR states the applicant was informed on three occasions that the documentation provided was insufficient to support his claim.  He has not responded with additional documentation.  There is medical evidence that he sustained an injury while in Thailand but DPPPR was unable to verify his entitlement to the PH.  There is no documentation showing he was recommended for award of the MSM or BSM and there is no documentation showing he participated in the Korean area of operations between 27 Jun 50 and 27 Jul 54 as required for award of the KSM.  The DPPPR evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies the Air Force evaluations were forwarded to the applicant on 30 Jul 04 for review and comment within 30 days.  As of this date, this office has received no response.

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ADDITIONAL AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends his records be corrected to show eligibility for CRSC due to tinnitus.  The Medical Consultant states there are entries in his medical records that document tinnitus while on active duty.  The approval of 60% for his hearing loss resulted in the maximum benefit form the CRSC program.  The addition of 10% for tinnitus will not provide additional financial benefit.  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.  Since the applicant's request for CRSC compensation for his hearing loss and tinnitus has been approved by the CRSC board, the only matter requiring consideration by this Board is his request for award of the KSM, PH, BS, and MSM.  After a thorough review of the applicant's submission and the available evidence of record, it is our opinion that insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice warranting award of the requested medals.  We find no evidence to support his contention that he meets the criteria for award of the KSM.  Evidence has not been presented to show that he distinguished himself by heroic or meritorious service as required for award of the BSM; or, that he was recommended for award of the BSM or the MSM.  With respect to his request for award of the PH, there was no evidence presented, other than his own assertions, which would lead us to believe that he was medically treated for any wounds incurred as a direct result of enemy fire.  We are not unmindful or unappreciative of the applicant's service to this Nation.  Nevertheless, in the absence of more compelling evidence to substantiate his claims, we are unable to conclude that sufficient doubt has been established in this case which would warrant favorable consideration of his request.  

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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-2004-00314 in Executive Session on 6 Oct 04, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 7 Nov 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 23 Jun 04.
    Exhibit D.  Letter, AFPC/DPPPR, dated 23 Jul 04
    Exhibit E.  Letter, SAF/MRBR, dated 30 Jul 04.
    Exhibit F.  Letter, BCMR Medical Consultant, dated 6 Oct 04.
    Exhibit G.  Letter, SAF/MRBC, dated 19 Oct 04.

                                   Chair