RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03441 COUNSEL: NONE HEARING: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be changed to show he qualifies for Combat-Related Special Compensation (CRSC) due to his service connected impaired hearing and tinnitus. _________________________________________________________________ APPLICANT CONTENDS THAT: His hearing loss and tinnitus are a direct result of his wartime experiences in Vietnam. He was stationed at Bien Hoa AFB, Republic of Vietnam in barracks within close proximity to a 75MM howitzer. In addition, a rocket exploded approximately 50 feet from his bunker. All his medical records were lost when the hospital at George AFB, CA closed. In support of his request, the applicant provides copies of a private hearing exam, documentation related to an earlier denial of his claim, and the Department of Veterans Affairs (DVA) determination of the service connection for his tinnitus. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant retired from the Air Force on 30 Jun 86 after serving 20 years, 4 months, and 27 days of active service. According to information provided by the applicant, on 16 Jun 10, the DVA issued a Rating Decision awarding him a ten (10) percent disability rating for tinnitus. The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR) which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSDC recommends denial indicating there is no evidence of an error or injustice. The applicant submitted a claim to the CRSC Board at the Air Force Personnel Center (AFPC) seeking CRSC for impaired hearing and tinnitus. His claim was disapproved on 10 Nov 10. He requested reconsideration of the Board’s disapproval but the request was denied on 19 Feb 11, and again on 16 Aug 11. By law, determinations of whether a disability is combat related will be based on the preponderance of available documentary information. There must be a definite, documented, causal relationship between the armed conflict and the resulting disability. The Board also looks for documentation that the conditions were shown to have manifested while in service (or within 1 year of retirement). The applicant provided no evidence to confirm these disabilities were the direct result of armed conflict, hazardous service, instrumentality of war, or conditions simulating war. Since we have been unable to obtain documentation confirming his conditions were caused by a combat- related event or that they manifested while he was in service (rather than 20 years later), we are unable to approve his condition for CRSC. The complete AFPC/DPSDC evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 18 Nov 12 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 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. As such, 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 the applicant has not been the victim of an error or injustice. Therefore, 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 the evidence presented did not demonstrate the existence of material 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-2011-03441 in Executive Session on 26 Mar 12, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2011-03441 was considered: Exhibit A. DD Form 149, dated 13 Aug 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSDC, dated 2 Nov 11. Exhibit D. Letter, SAF/MRBR, dated 18 Nov 11.