RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01042
		INDEX CODE:  108.07
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His service-connected medical condition, tinnitus, 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 problems were incurred while serving in the Army in Korea from 1952 through 1953.  He was an artillery mechanic and was required to be on the M1 guns every time they fired.  He was once blown off his feet by a muzzle blast.  In 1957, he was having a hard time hearing so he got out of the service.  In 1976 he began occasional use of hearing aids.  He joined the National Guard and served until he was separated at age 60.  His records were destroyed by fire.  He never dreamed that he needed to keep a copy of his records.  He was never provided any ear protection when in the Army or told that the noise would have an adverse affect on his hearing.  

In support of his request, applicant provided a personal statement, his DD Form 214, documentation associated with his CRSC denial, and documents extracted from his medical records.  His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant served in the U.S. Army from 31 Oct 51 through 2 Jul 57 and in the Army Reserves from 3 Jul 57 through 30 Oct 59.  He enlisted in the Air National Guard on 9 Oct 76.  He was progressively promoted to the grade of senior master sergeant.  On 8 Jan 94, he voluntarily retired from the Air National Guard.  

His CRSC application was approved on 9 Jun 04 for his hearing loss rated at 50% and denied for tinnitus based on the fact that his tinnitus was not determined to be combat-related. 

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states in order for his tinnitus to qualify for CRSC there must be evidence that this condition, when he attributes to noise exposure during his career as an artillery mechanic, manifested while in service.  There is no documentation in his service records that would support his claim.  The DPPD evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states he reported to the hospital in Misawa Japan in December 1953 and was told by the physician that the ringing in he ears was from an artillery shot that knocked him off his feet and nothing could be done to stop the ringing sensation.  In May 1954 he was admitted for an internal infection and spoke with the physician about the ringing in his ear and was told the same thing.  Again in 1956 a different physician confirmed the previous opinions.  

In support of his response, applicant provided a personal statement, and documentation extracted from his medical records.  His complete response, with attachments, is at Exhibit E.

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ADDITIONAL AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial.  The Medical Consultant states his hearing loss has been attributed as directly due to the acute acoustic trauma during service in Korea as an artillery crewmember.  He did not complain about tinnitus until 1993.  Tinnitus can be a symptom of virtually any ear condition including hearing loss of any cause.  Studies of tinnitus associated with acoustic trauma indicate it is present contemporaneously with the acoustic trauma.  While his tinnitus appears to be associated with his progressive hearing loss, there is no evidence it was directly caused by the acoustic trauma he experienced in Korea and was not reported until over thirty years later.  The Medical Consultant Evaluation is at Exhibit F.

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APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

The fact that his records do not reflect his tinnitus disability is not his problem.  He provided the records he has from his doctor visits.  If his records had not been destroyed in St. Louis, his records would reflect the disability.  His complete response is at Exhibit H.

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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 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-2004-01042 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 26 Mar 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 9 Jun 04.
    Exhibit D.  Letter, SAF/MRBR, dated 18 Jun 04.
    Exhibit E.  Letter, Applicant, not dated, w/atchs.
    Exhibit F.  Letter, BCMR Medical Consultant, dated 12 Aug 04.

    Exhibit G.  Letter, SAF/MRBC, dated 19 Oct 04.
    Exhibit H.  Letter, Applicant, dated 18 Nov 04.