RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04260

XXXXXXXXXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

1.  He receive Combat Related Special Compensation (CRSC) for his bilateral sensorineural hearing loss and retroactive pay for CRSC.

2.  His records be corrected to reflect the following awards and decorations:

a.	Combat Readiness Medal (CRM)

b.	Air Force Good Conduct Medal (AFGCM)

c.	Korean Service Medal (KSM)

d.	Air Force Training Ribbon (AFTR)

APPLICANT’S CONTENTIONS

He was denied CRSC due to not having a service-connected disability; however, he was awarded 100 percent service connection on 5 March 2019 by the Department of Veterans Affairs (DVA) due to bilateral sensorineural hearing loss.  He was awarded a presumptive service connection for multiple medical issues, all directly service-connected, which are still in appeal.  His Air Force duties as a ball turret gunner qualify him for CRSC.  He served in the Air Force during the Korean War and 20 years in the Reserve.  He is in his nineties and should receive the decorations that he deserves before he dies.

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

STATEMENT OF FACTS

The applicant is a retired Air Force Reserve master sergeant (E-7).

On 6 November 1942, the applicant enlisted in the Air Force Reserve.

According to the applicant’s DD Form 214, Enlisted Record and Report of Separation, he served on active duty from 1 February 1943 to 22 February 1946 and was credited with 3 years and 21 days of active service.

According to the applicant’s DD Form 214, Report of Separation from the Armed Forces of the United States, he served on active duty from 10 March 1951 to 4 October 1952 and was credited with 1 year, 6 months and 25 days of active service.

Effective 24 September 1984, per Reserve Order EK-1722, dated 19 July 1984, the applicant was relieved from current assignment, assigned to the Retired Reserve Section and placed on the USAF Reserve Retired List.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibits C, D and E.

APPLICABLE AUTHORITY

Air Force Manual 36-2806, Awards and Memorialization Program:

Paragraph A.14.18. CRM:  Was authorized by SECAF on 9 March 1964 to regular Air Force, Air National Guard, Air Force Reserve, and members of the other Military Services, after 1 August 1960 for sustained individual combat mission readiness or preparedness for direct weapon-system employment.

Paragraph A14.19. AFGCM:  Is awarded to enlisted members for “exemplary conduct” (exemplary behavior, efficiency, and fidelity), for active military service with the U.S. on or after 1 June 1963.  On 6 February 2006, the 97th Air Force Uniform Board terminated the medal.  The medal was reinstated by SECAF on 22 November 2008, based on a recommendation from the CMSAF and an Awards and Decorations Summit.  The reinstatement is retroactive to 6 February 2006.

	A14.19.2. Qualifying Periods of Service.
		A14.19.2.1.  Each 3 years completed on or after 1 June 1963.
		A14.19.2.2.  For first award only, upon termination of service on or after  1 June 1963, of less than 3 years but more than 1 year.
		A14.19.2.3.  For first award only, upon termination of service, on or after  1 June 1963, of less than 1 year when final separation was by reason of physical disability incurred in line of duty.
		A14.19.2.4.  For first award only, for those members who died before completing  1 year of active Federal military service if the death occurred in the line of duty.
		A14.19.2.5.  The above timeframes are decreased to 1 year any time that the U.S. is at war, as declared by the U.S. Congress. The entire year must have been served in the area of eligibility during the period indicated. (T-1). Notification of this change will be announced by either Air Staff or Air Force Personnel Center. (T-1).

Paragraph A15.5.9.1.  KSM:  Is awarded to personnel who were assigned or attached to combat or service units designated by the Commander, Far East Air Forces, in general orders for service within the Korean Theater or adjacent areas between 27 June 1950 and 27 July 1954.  The term “Korean Theater” as used in this manual includes the areas that encompass North and South Korea, Korean waters, the air over North and South Korea, and the air over Korean waters.

Paragraph A14.34.1. AFTR:  Is awarded to Air Force members on completion of initial accession training after 14 August 1974.  In December 1986, the criteria expanded and authorized the ribbon to anyone who was on active duty in December 1986, regardless of when they completed initial accession training.

AIR FORCE EVALUATION

AFPC/DPFDC recommends denial of the applicant’s request for CRSC.  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 a claim for CRSC on 12 April 2019.  His claim was disapproved on 8 July 2019, due to insufficient documentation.  Hearing loss 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 hearing loss; 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 Department of Veterans Affairs (VA) awards service-connected disabilities based on their standards.  They resolve doubt in the interest of the veteran and grant service connection for injuries or diseases incurred while in service.  While service connection for disabilities is required for initial eligibility for CRSC consideration, the CRSC program is designed to provide compensation for combat-related injuries and its standards are much more rigorous when determining if claimed disabilities qualify as combat related.

The complete advisory opinion is at Exhibit C.

AFPC/DP3SP recommends denying the applicant’s request for the CRM, the AFGCM, the KSM and the AFTR.  Based on the established criteria and the documentation provided, the applicant’s active military service is outside the established criteria or there was no documentation presented which meets the established criteria for award of the CRM, the AFGCM, the KSM and the AFTR.  To grant relief would be contrary to the criteria established as prescribed in Air Force Manual (AFMAN) 36-2806, Awards and Memorialization Program.

However, AFPC/DP3SP was able to verify the applicant’s entitlement to the Good Conduct Medal with two loops.  Upon final Board decision, administrative correction of the applicant’s official military personnel record will be completed.

The complete advisory opinion is at Exhibit D.

ARPC/DPTS recommends denying the applicant’s request for the CRM, the AFGCM, the KSM and the AFTR.  Based on established criteria as prescribed in AFMAN 36-2806, there is no error or injustice.  After a thoroughly review of the applicant’s military personnel records and the documents provided, ARPC/DPTS was unable to verify award of the CRM, the AFGCM, the KSM and the AFTR.

CRM.  The applicant does not meet the criteria for award of the Combat Readiness Medal.  There is no documentation available to verify that the applicant completed an aggregate of three years of sustained professional performance as an Air Force combat/mission ready member, that he was individually certified as combat/mission ready, or that he was subject to a continuous individual positional evaluation program during service within the Air Force Reserve.

AFGCM.  The applicant does not meet the established period of service for award of the AFGCM due to not completing three years of active military service during his 20 years of service in the Air Force Reserve.

KSM.  There is no documentation available to verify that the applicant completed service within the Korean Theater or adjacent areas between 27 June 1950 and 27 July 1954 for eligibility of the KSM.

AFTR.  The applicant does not meet the established period of “active” service for award of the AFTR due to being transferred to the Retired Reserve Selection effective  24 September 1984, before the expansion criteria of the AFTR.

The complete advisory opinion is at Exhibit E.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 9 September 2020 for comment (Exhibit F), 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, AFPC/DP3SP and ARPC/DPTS and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  With regard to the applicant’s request for CRSC, the available evidence of record does not support a finding that the applicant's service-connected medical condition of bilateral sensorineural hearing loss 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; and, therefore, it does not qualify for compensation under the CRSC Act.  Additionally, the applicant’s active military service is outside the established criteria or there was no documentation presented which meets the established criteria for award of the CRM, the AFGCM, the KSM and the AFTR.  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-2019-04260 in Executive Session on 29 September 2020 and 25 November 2020:

, 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 August 2019.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DPFDC, dated 2 January 2020.
Exhibit D:	Advisory opinion, AFPC/DP3SP, dated 21 August 2020.
Exhibit E:	Advisory opinion, ARPC/DPTS, w/atchs, dated 26 August 2020.
Exhibit F:	Notification of advisory, SAF/MRBC to applicant, dated 9 September 2020.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.