RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01546 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ 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. _________________________________________________________________ APPLICANT CONTENDS THAT: His training and service in combat qualifies him for CRSC. He was given a physical prior to retirement in December 1979 and a hearing loss was detected. The Department of Veterans Affairs (VA) has determined service connection for his impaired hearing and tinnitus. This determination seems to contradict the disapproval for CRSC. In support of his request, the applicant submits a personal statement and documentation associated with his CRSC application. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant with 24 years, 4 months and 28 days of active service retired from the Air Force on 1 January 1980. He served as a Scientific Analyst and Pilot. His CRSC application was disapproved on 9 April 2010 based upon the fact that his service-connected medical conditions were determined not to be combat-related. Available Department of Veterans Affairs (DVA) records reflect a combined compensable rating of 10% for his unfitting conditions. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSDC recommends denial. DPSDC states although the burden of proof lies with the claimant to provide supporting documents (per DD Form 2860, Claim for Combat-Related Special Compensation), DPSDC attempted to obtain documentation from the VA to justify approval of the applicant’s request. They have been unable to obtain supporting documentation. Specifically, they requested in service audio examinations and his retirement physical. The VA was unable to locate the applicant’s entire medical record and only provided medical physicals (to include audio examinations) from 1954, 1955, 1956, 1960, 1963, and 1964. His audio examinations ranged from -10 Decibels (dB) to 15 dB across the Hertz (Hz) threshold. The VA examination, and audio examination, referenced in his VA award for impaired hearing is dated 29 October 2008, more than 28 years after his retirement. The CRSC Board looks for at least a 25 dB loss at across the Hz threshold. This number is far more generous than the 40 Hz the VA uses; however, per VA guidance they look for a direct link, which is why DPSDC looks for in- service hearing loss, versus hearing loss manifesting years after a Veteran retires. Since DPSDC has been unable to obtain documentation confirming the applicant’s conditions manifested while he was in service, CRSC cannot be approved. The DPSDC complete evaluation, with attachments, is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant reviewed the evaluation and states he flew fighters for several years in Europe and during the cold war. During the time period in question, members were not issued ear protectors. The problem of hearing loss due to jet noise had not been determined. During his separation physical it was noted he had a hearing disability. The VA has attributed his hearing disability directly to military service. He should not be penalized because the Air Force lost his military personnel records. The applicant’s complete submission, with attachments, 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. The evidence of record does not support a finding that the service-connected medical conditions the applicant believes are combat-related were 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. In addition, the applicant indicates he had a hearing disability which was detected during his separation physical; however, he has not provided sufficient evidence to confirm his condition manifested while he was in the service. In the absence of evidence to the contrary, we find no 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-2010-01546 in Executive Session on 14 February 2011, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2010-01546 was considered: Exhibit A. DD Form 149, dated 20 April 2010, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSDC, dated 13 August 2010, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 20 August 2010. Exhibit E. Letter, Applicant, dated 25 August 2010, w/atchs.