RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01652
		INDEX CODE:  108.07
		COUNSEL:  NONE
		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  25 Nov 05

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APPLICANT REQUESTS THAT:

His service-connected medical conditions, Meniere's syndrome and impaired hearing, 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 CRSC was denied because he was not receiving compensation from the Department of Veterans' Affairs (DVA) for his disabilities.  This is in error because he has been receiving compensation since 1979.  In an amended request, applicant requests that he receive special consideration for CRSC under individual unemployability.

In support of his request, applicant provided documentation extracted from his DVA records.  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 11 Sep 50.  He was progressively promoted to the grade of senior master sergeant, having assumed that grade effective and with a date of rank of 1 Jul 71.  He voluntary retired from the Air Force on 31 Jul 73, having served 22 years, 6 months, and 27 days on active duty.

His CRSC application was disapproved on 8 May 04 because of the inability to establish he was receiving DVA compensation.  His request has been re-evaluated and denied based upon the fact that his service-connected medical conditions were determined not to be combat-related.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states a review of his service and DVA medical records show his Meniere's syndrome and impaired hearing are not combat related.  These conditions are not considered combat related unless they are incidental to a combat related event or due to documented continual, extensive exposure to combat related noise and the conditions were shown to have manifested while in service.  

The DPPD evaluation 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 20 Aug 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 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-2004-01652 in Executive Session on 1 Jun 05, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 12 May 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 11 Aug 04.
    Exhibit D.  Letter, SAF/MRBR, dated 20 Aug 04.