RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-01212

  						COUNSEL:  NONE

						HEARING DESIRED:  NOT INDICATED 

APPLICANT REQUESTS THAT:

1.  His separation physical appropriately recognize his tinnitus (ringing of ears).  
 
2.  His service-connected medical condition, tinnitus, be reevaluated as combat-related in order to qualify for compensation under Combat-Related Special Compensation (CRSC).

3.  His awarded Bronze Star Medal (BSM) be added to his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge (administratively corrected).

APPLICANT CONTENDS THAT:

The humming and ringing in his ears were not documented on his discharge physical.  He was told during his physical that the humming and ringing would eventually go away but it still persists.  On 10 Jan 14, the Department of Veterans Affairs determined his tinnitus was service connected and he was awarded a 10 percent rating.  

His BSM is not reflected on his DD Form 214.  

In support of his application, he provides copies of his Department of Veterans Affairs (DVA) rating decision for tinnitus, Congressional correspondence, and his BSM special order, award, citation.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 1 Aug 69.

On 2 May 73, his Standard Form 93, Report of Medical History, does not reflect an annotation for tinnitus.

On 31 Jul 73, the applicant was released from active duty and was furnished an honorable discharge.  He was credited with 4 years of active service yet continued to serve in the Reserve Component.

On 15 Jul 10, the applicant was placed on the retired list with 31 years of service.  

On 10 Jan 14, according to documents provided by the applicant, he was awarded a 10 percent rating for tinnitus by the Department of Veterans Affairs (DVA), effective 30 Aug 12.

On 21 Jul 14, according to the AFPC/DPFDC case file documents, the applicant submitted a claim for CRSC for tinnitus but was disapproved due to insufficient documentation.  He submitted a request for reconsideration and on 13 Nov 14 CRSC was granted for heart disease but again denied for tinnitus.

AIR FORCE EVALUATION:

AFPC/DPFDC recommends denial indicating there is no evidence of an error or an injustice.  On 21 Jul 14, DPFDC received the applicant’s initial claim for CRSC for his tinnitus and heart disease which was denied due to insufficient information.  On 2 Sep 14, he was partially approved for 30 percent for heart disease but his tinnitus was not considered combat-related.  On 5 Jan 15, he subsequently received a 60 percent rating for heart disease, but remained unrated for tinnitus even though the applicant claimed he was involved in mortar attacks while in Vietnam.  

In accordance with CRSC guidance, the fact that a member incurred the disability during a period of war/simulating war, in an area of armed conflict/simulated armed conflict, while participating in combat operations/simulated combat operations, or during a period of hazardous service is not sufficient by itself to support a combat-related determination.  There must be a definite, documented, causal relationship between the armed conflict, simulated armed conflict, or hazardous service and the resulting disability.  To award tinnitus, there must be clear documentation of an acoustic trauma occurring due to a combat-related event.

A complete copy of the AFPC/DPFDC evaluation is at Exhibit C.

AFPC/DP3SP administratively corrected the applicant’s record to reflect not only the award of the Bronze Star Medal, but also the Air Force Outstanding Unit Award with Valor, the Air Force Longevity Service Award, the Vietnam Service Medal with two Bronze Service Stars, and the Republic of Vietnam Gallantry Cross with Palm.  

A complete copy of the AFPC/DP3SP evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 21 Jun 16 for review and comment within 30 days (Exhibit E).  As of this date, no response has been received by this office.

FINDINGS AND CONCLUSIONS OF THE BOARD:

Insufficient relevant evidence has been presented to demonstrate the applicant is the victim of an error or injustice.  After a careful review of the applicant's contentions, documentation submitted in support of the request, and the available evidence of record, we are not convinced the applicant has provided sufficient evidence for us to conclude that he is the victim of an error or injustice.  We also note the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36-2603.  While the applicant claims a date of discovery of less than three years prior to receipt of the application, we believe a reasonable date of discovery was more than three years prior to receipt of the application.  Therefore, because we do not find it would be in the interest of justice to recommend granting relief beyond that provided administratively, and the applicant has offered no plausible reason for the delay in filing the application, we cannot conclude it would be in the interest of justice to excuse the failure to timely file the application.  Accordingly, we find the application untimely.

THE BOARD DETERMINES THAT:

The application was not timely filed and it would not be in the interest of justice to waive the untimeliness.  It is the decision of the Board, therefore, to reject the application as untimely.

The following members of the Board considered AFBCMR Docket Number BC-2015-01212 in Executive Session on 16 Aug 16 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-01212 was considered:

	Exhibit A.  DD Form 149, dated 12 Mar 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPFDC, dated 1 Jun 16,
     w/atchs.
	Exhibit D.  Memorandum, AFPC/DP3SP, dated 12 Jun 16.
	Exhibit E.  Letter, AFBCMR, dated 21 Jun 16.