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AF | BCMR | CY2005 | BC-2004-00359
Original file (BC-2004-00359.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00359
            INDEX CODE:  108.07
            COUNSEL:  DAV
XXXXXXX
            HEARING DESIRED:  NO
XXXXXXX

MANDATORY CASE COMPLETION DATE:  8 Aug 05

_________________________________________________________________

APPLICANT REQUESTS THAT:

His  service-connected  medical  conditions,  spinal  disc   condition   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 back injury occurred aboard the U.S.S. Toledo during  a  “ship-to-shore”
bombardment off the coast of Wonson, Korea.  While attempting to retrieve  a
“hot” 20mm gun barrel next to the 5” gun mount on the  ship’s  portside,  he
was hit in the back by an ejected 5” shell casing.   When  general  quarters
were secured, he reported to sickbay for treatment.  Due to his exposure  to
constant naval gunfire aboard ship, he was  awarded  a  10%  disability  for
tinnitus from the Veterans Administration (VA).

His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Applicant served in the  US  Marine  Corps  from  26  November  1946  to  25
November 1951.  Applicant contracted his initial enlistment in  the  Regular
Air Force on 17 September 1952.  He was progressively promoted to the  grade
of technical sergeant.  While  in  the  Air  Force,  he  served  as  an  Air
Policeman and Administrative Supervisor.  His  Airman  Military  Record,  AF
Form 7, reflects his combat record as the Communist China  Spring  Offensive
(22 Apr 51 - 8 Jul 51) and the United Nations Summer-Fall Offensive  (9  Jul
51 - 27 Nov 51).  He voluntarily retired from the Air Force on 1 July  1974,
having served 26 years, 9 months, and 14 days on active duty.

Current Department of Veterans Affairs  (DVA)  records  reflect  a  combined
compensable rating of 80% for his unfitting conditions.

His CRSC application was disapproved on 8 January 2004, based  on  the  fact
that his medical records indicate his back  injury  was  caused  by  lifting
heavy items.  Although his hearing impairment  is  combat  related,  the  0%
rating does not qualify for CRSC.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial and states, in part, that although his  service-
connected medical conditions exceed the required 10%,  the  conditions  were
determined to be non-combat related, except for his impaired  hearing  which
is rated at 0%.

The AFPC/DPPD evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The evaluation only reflects the re-occurrence of  the  injury  at  Sembach,
Germany.  In further support of his appeal, applicant submits a  copy  of  a
10 August 1951 Medical  History  entry  indicating  that  on  that  date  he
underwent an x-ray at Yokosuka, Japan.

Applicant’s complete responses, with attachments, are at Exhibit E.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice.  After a thorough review of  the  available
evidence of record, it is our opinion  that  the  service-connected  medical
conditions the applicant believes are combat-related were  not  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.  Although his impaired hearing is  combat  related,  the
0% rating assigned to the condition does not qualify for compensation  under
the CRSC Act.  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 that the applicant has not been the victim  of  an  error
or injustice.  In the absence of  evidence  to  the  contrary,  we  find  no
compelling  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 material error  or  injustice;  that  the  application  was
denied without a personal appearance; and that 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-2004-
00359 in Executive Session on 6 April 2005, under the provisions of AFI  36-
2603:

                 Mr. Thomas S. Markiewicz, Chair
                 Mr. Michael V. Barbino, Member
                 Ms. Martha A. Maust, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 30 Jan 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 22 Apr 04.
    Exhibit D.  Letters, SAF/MRBR, dated 7 May 04.
    Exhibit E.  Letters, Applicant, dated 12 & 18 May 04,
                 w/atchs.





                                   THOMAS S. MARKIEWICZ
                                   Chair

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