RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-00768
		INDEX CODE:  108.07

		COUNSEL:  NONE

		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  14 SEP 08

_________________________________________________________________

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.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He believes his tinnitus is the result of performing flight line duties.

In support of his request, the applicant provided a personal statement and documentation associated with his CRSC application.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant having served 24 years, 2 months, and 5 days on active duty retired on 3 December 1992 in the grade of staff sergeant.  He served as an Administration Specialist.

Available Department of Veterans Affairs (DVA) records reflect a combined compensable rating of 10% from 26 December 2002 for his unfitting conditions.

His CRSC application was disapproved on 20 December 2006 based upon the fact that his service-connected medical condition was determined not to be combat-related.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states in the applicant’s initial application, he indicated that he believes his tinnitus is due to the noise exposure he experienced while serving as a radar mechanic.  When considering hearing conditions, the CRSC Board can only approve them if there is clear evidence that the individual was exposed to prolonged, routine combat-related noise, and that the condition began while the individual was still in the service.

The VA Rating Decision, dated 25 July 2003, states the applicant’s “service medical records are negative for tinnitus…” No other evidence was provided to indicate this condition began while the applicant was on active duty.

Although the applicant’s conditions have been service-connected by the VA, CRSC criteria require documentation to support a qualifying combat-related event or events as the direct cause of the disability.  Simply performing duties in an armed conflict or exercise environment, performing maintenance on a military aircraft/vehicle, or performing hazardous service (flight crew, EOD, pararescue, etc.) does not automatically qualify an individual for CRSC.

The DPPD complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states that from the summer of 1955 until the winter of 1956, he served as a flight line radar mechanic at Yokota AFB, Japan.  He worked on the airborne intercept radar installed in the F-86D jet fighter.  He worked eight hour shifts as a black box mechanic doing pre-flight and post-flight checks on the F-86D radar sets (E-4, 5 & 6 series systems, manufactured by Hughes Aircraft Company).  Noise levels were extremely high as the fighter jets taxied in and out of the area on their way to and from the runway.  During one of his visits to the VA he complained about tinnitus or ringing in the ears; however, there is no record of his complaint included in his VA records.  After 50 years passage of time, his memory of those early active duty years in the Air Force may not be complete, but he does recall his complaint to the medical personnel at Yokota AFB of ear problems which persist to this day.

Applicant’s complete response, with attachment, is at Exhibit E.

_________________________________________________________________

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 condition the applicant believes is combat-related was 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, does 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.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of an error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-2007-00768 in Executive Session on 23 July 2007, under the provisions of AFI 36-2603:

	Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 26 Dec 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 10 Apr 07.
    Exhibit D.  Letter, SAF/MRBR, dated 13 Apr 07.
    Exhibit E.  Letter, Applicant, dated 19 Apr 07.

                                   
                                   Chair