RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-01809
		INDEX CODE:  108.07

		COUNSEL:  NONE

		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  9 DEC 08

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APPLICANT REQUESTS THAT:

His service-connected medical condition, 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:

He worked near the flight line and was affected by aircraft noise.  He volunteered to work in the aircraft barrier section for two weeks.  He also worked in the Non-Commissioned Officer’s (NCO) club and was exposed to loud playing bands during off duty hours.  Because of these reasons, he has become hard of hearing and has worn hearing aids for about 30 years.

In support of his request, the applicant provided a personal statement.

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

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STATEMENT OF FACTS:

Applicant having served 22 years, 6 months, and 7 days on active duty retired from the Air Force on 1 December 1977 in the grade of technical sergeant.  He served as an Administration Technician.

Available DVA records reflect a combined compensable rating of 30% for his unfitting conditions.

His CRSC application was disapproved on 1 June 2003 and 27 February 2007 based upon the fact that his service-connected medical condition was determined not to be combat-related.  

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states although aircrew duties can be strenuous, conditions developed through the performance of normal service are not usually considered combat-related.  When considering chronic conditions it may be difficult to determine that armed conflict, hazardous service, instrumentality of war, or simulating war was the definitive cause.  To be eligible for compensation, clear documentation must be provided to indicate an injury occurred and was caused by a combat related factor (such as ejection from an aircraft) rather than from routine causes or the veteran’s particular physical make-up.  While the applicant’s condition meets the VA requirements for service-connected compensation, the evidence does not support additional compensation under CRSC.  This condition does not meet the mandatory criteria for compensation under the CRSC program.

The DPPD complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the evaluation and states he started loosing his hearing while assigned at Fairchild Air Force Base.  He worked 400 to 500 feet from an active flight line.  Aircraft fighters (F-4s, F-105s, and B-52 bombers) were often taking off and landing.  The take offs were accompanied by after burners which brought the noise to an extremely high level.  He also volunteered for duties in the aircraft barrier section at Ubon Air Force Base.

Applicant’s complete response is at Exhibit E.

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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.  The available evidence of record does not support a finding that the service-connected medical condition the applicant believes is combat-related was 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.

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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.

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The following members of the Board considered AFBCMR Docket Number BC-2007-01809 in Executive Session on 2 November 2007, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 30 May 2007, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 9 July 2007.
    Exhibit D.  Letter, SAF/MRBR, dated 13 July 2007.
    Exhibit E.  Letter, Applicant, dated 16 July 2007.