RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-01599
		INDEX CODE:  108.07
	XXXXXXX	COUNSEL:  NONE
		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  24 NOVEMBER 2008

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APPLICANT REQUESTS THAT:

His service-connected medical condition, hearing loss, 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:

He was a jet aircraft and engine mechanic from 1952 until his retirement in 1969.  He believes working in these Air Force Specialties caused his disability and he should be entitled to receive benefits from the CRSC program.  

In support of his request, applicant provided documentation associated with his CRSC application.  

His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 1 April 1969, the applicant retired from the Air Force in the grade of chief master sergeant, after serving 23 years, 2 months and 9 days on active duty.  

Available Department of Veterans Affairs (DVA) records reflect a combined compensable rating of 30% for his service-connected conditions.

He initially applied for CRSC for a back strain; however, his request was disapproved on 5 October 2004 because evidence was not provided to confirm his disability was the direct result of armed conflict, hazardous service, instrumentality of war, or simulating war.  He later applied for CRSC for impaired hearing, which was disapproved on 8 March 2007 because he is currently not rated by the VA for this condition.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD provides a review of the applicant’s medical records and notes he is being treated by the VA for a hearing loss condition and has received hearing aids from them; however, he has not applied for service-connected disability for his impaired hearing.  If he files a claim with the VA and is later awarded service-connection for this condition, DPPD will reconsider his request for CRSC for the impaired hearing at that time.  DPPD states this condition does not meet the mandatory criteria for compensation under the CRSC program.

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 3 July 2007 (Exhibit D) 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.  Title 10, U.S.C. Section 1413a, authorizes compensation for combat-related medical conditions.  The statute requires that the medical condition be determined service-connected under the laws governing the DVA.  The available evidence of record does not show that the applicant's hearing loss has been determined by the DVA to be service-connected; therefore, it appears this condition does not meet the criteria established by law for compensation under the CRSC program.  Accordingly, 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 this application in Executive Session on 2 November 2007, under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2007-01599 was considered:

    Exhibit A.  DD Form 149, dated 10 May 2007, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 21 June 2007.
    Exhibit D.  Letter, SAF/MRBR, dated 3 July 2007.