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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