RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2005-00237
		INDEX CODE:  108.07
		COUNSEL:  NONE
		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  22 Jul 06

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APPLICANT REQUESTS THAT:

His service-connected medical conditions, impaired hearing and 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:

Through no fault of his own his records cannot be located.  His hearing occurred while in the service.  When he entered the service his hearing was fine, by the time he retired, he had hearing difficulties.

In support of his request, applicant provided documentation extracted from his Department of Veterans' Affairs records and his military personnel 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 14 Jun 61.  He was progressively promoted to the grade of master sergeant, having assumed that grade effective and with a date of rank of 1 Sep 79.  He served as an Aircraft Maintenance Technician.  He voluntarily retired from the Air Force on 31 Aug 81, having served 20 years, 2 months, and 17 days on active duty.

Applicant's service medical records cannot be located.  Available DVA records reflect a combined compensable rating of 10% for his unfitting conditions.  

His CRSC application was disapproved on 23 Nov 04 based upon the fact that no evidence was provided to confirm his disabilities were combat-related.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states to award compensation for impaired hearing and tinnitus clear evidence must be provided to confirm the veteran suffered from continuous, extensive noise exposure during his career and the hearing condition manifested while in service.  His medical records cannot be located and documentation contained in his personnel records does not confirm hearing loss while in service.  An Operator Qualifications and Record of Licensing, Examination, and Performance, form dated 5 Jun 75 indicates his hearing was 20/15 in both ears.  According to the Audiology Clinic at Wilford Hall Medical Center, anything rated as 20/25 or less would have been considered normal.  Because he served as an Aircraft Maintenance Technician the DVA did grant service connection for his conditions based on reasonable doubt.  CRSC standards are much more rigorous when determining combat related disabilities.  

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 1 Apr 05 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-2005-00237 in Executive Session on 14 Dec 05, under the provisions of AFI 36-2603:

	Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 14 Jan 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 30 Mar 05.
    Exhibit D.  Letter, SAF/MRBR, dated 1 Apr 05.

                                   
                                   Chair