RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03157 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, hearing loss 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 hearing loss and tinnitus are not adequately documented in his records to show it was caused from preparation for combat. He was a security specialist for over 20 years and during that time, he was constantly in areas with excessive noise on the flight line. As a training instructor at Lackland AFB, TX, they used M-60 machine guns, pyrotechnics, and grenades, which exposed him to loud noise. His records indicated the flight line duties and weapons firing were the contributing factors to his tinnitus and hearing loss. In support of his request, the applicant submits a letter from AFPC/DPSD, copies of his training certificates, and extracts from his medical records. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant retired from the Air Force after completing 20 years, 5 months and 16 days of total active service. On 3 November 2005, his CRSC application was disapproved based upon the fact that his service-connected medical conditions were determined not to be combat-related. His submissions on 22 July 2008, 14 May 2009, and 18 August 2010 for reconsideration were disapproved because no evidence was provided to confirm his disabilities were the direct result of armed conflict, hazardous service, instrumentality of war, or simulating war. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSDC recommends denial. DPSDC states while SF 513, Consultation Sheet, reflects, “Worked in flight line in the past”, there is no indication that the medical providers confirmed flight line duties. A review of documentation provided does not confirm duties placing the applicant in direct proximity of aircraft engine noise or ordnance explosion. The applicant’s condition does not meet the mandatory criteria for compensation under the provisions of Title 10, U.S.C., Chapter 71, Section 1413a of the CRSC program. In an initial claim, the applicant stated his impaired hearing and tinnitus was incurred from exposure to weapons fire and aircraft engine noise during his military career. In his June 2008 reconsideration request, he clarified his disabilities were incurred while performing his duties under conditions simulating war. In subsequent reconsideration requests, the applicant reiterates the source of his disabilities was his exposure to weapons, pyrotechnic and aircraft noise. The fact the applicant incurred a disability during a period of simulating war, in an area of simulated armed conflict, or while participating in simulated combat operations is not sufficient by itself to support a combat-related determination. The DPSDC complete evaluation, with attachments, is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant provides copies of his performance reports and his medical consultation sheet to support his contention that he was exposed to aircraft engine noise on the flight line. 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 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 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-2010-03157 in Executive Session on 1 June 2011, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2010-03157 was considered: Exhibit A. DD Form 149, dated 25 Aug 2010, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSDC, dated 6 Oct 2010, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 22 Oct 2010. Exhibit E. Letter, Applicant, dated 25 Oct 2010, w/atchs.