RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-03955

XXXXXXXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

He receive Combat Related Special Compensation (CRSC) for his tinnitus (ringing in the ears).

APPLICANT’S CONTENTIONS

His tinnitus was induced by exposure to jet engine noise during his 29-year flying career.  His CRSC benefits have been denied for tinnitus when it is clear that it was attributed to his military service.  The Department of Veterans Affairs (VA) awarded him service-connected disabilities in 2007.  He is seeking CRSC for the significant number of flight hours that he flew in combat, combat support, and operational status causing damage to his hearing.

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

STATEMENT OF FACTS

The applicant is a retired Reserve lieutenant colonel (O-5).

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION

AFPC/DPFDC recommends denying the application.  Based on the documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice.  The applicant submitted claims for CRSC on 4 Jan 16, 7 Mar 16, and 16 Aug 19.  His claims were disapproved on 25 Jan 16, 29 Mar 16, and 3 Sep 19, respectively, due to insufficient documentation.  Tinnitus cannot be considered combat-related unless it is incidental to a combat-related event or due to documented, continual, extensive exposure to combat-related noise (i.e., aircraft, weapons fire), and was shown to have manifested while in service.  Based on his submissions, the applicant’s Air Force duties are potentially approvable for compensation for tinnitus; however, he did not provide evidence to show that this condition manifested while he was in the service.  The applicant was advised that if he had documentation showing this condition incurred in service such as his retirement physical with audio-exam or an in service audio-exam that is closest to his retirement/separation from service, to please provide it to CRSC for reconsideration.

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 5 Sep 19 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DPFDC and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

CERTIFICATION

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2019-03955 in Executive Session on 20 May 20:

, Panel Chair
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 18 Jul 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DPFDC, dated 3 Sep 19.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 5 Sep 19.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings related to Docket Number BC-2019-03955, as required by AFI 36-2603, paragraph 4.11.9.