RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00848
INDEX CODE:128.14
xxxxxxxxx COUNSEL: NONE
xxxxxxxxxxx HEARING DESIRED: YES
MANDATORY COMPLETION DATE: 12 SEPTEMBER 2006
_________________________________________________________________
APPLICANT REQUESTS THAT:
His DD Form 214, dated 7 August 1957, be corrected to reflect that he
sustained injuries during military operations while occupying a territory
or area of Berlin, Germany.
_________________________________________________________________
APPLICANT CONTENDS THAT:
On 2 July 1957, he sustained injuries while serving in the United States
Army. The blow to his head caused a brain concussion and skull fracture
leading to impaired vision and tinnitus. The Department Veterans
Administration (DVA) has recognized these injuries as the cause to his
impaired vision and tinnitus. However, the personnel at the Combat Related
Special Compensation Board (CRSC) separated the two disabilities, approving
tinnitus and disapproving the impaired vision.
In support of his appeal, applicant submits a personal statement, copies of
letters from doctors of Ophthalmology and ENT, the CRSC denial letter and
other related documents. The applicant’s submission, with attachments, is
at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Records reflect the applicant was relieved from active duty on 30 June 1977
and retired in the grade of master sergeant effective 1 July 1977. He was
credited with 22 years, 3 months and 9 days of total active service.
The remaining relevant medical facts pertaining to this application are
contained in the letter prepared by the BCMR Medical Consultant at Exhibit
B.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends the application be denied and no
change in the records is warranted. The BCMR Medical Consultant advises
that the Air Force CRSC Board concluded that the circumstances of the
assault do not constitute combat, conditions simulating war, hazardous
service or other qualifying circumstances for CRSC. Although the DVA has
granted service connection (impaired vision) based on possible link, this
is not evidence of direct causality required for CRSC. The BCMR Medical
Consultant advises that in order to qualify as a direct result of armed
conflict, the disability must have been incurred in the line of duty as a
direct result of armed conflict. There is no evidence in the record that
the applicant’s service connected visual impairment was incurred as a
direct result of armed conflict, while engaged in hazardous service, while
engaged in performance of duties under conditions simulating war, as a
result of an instrumentality of war or other qualifying circumstance. The
BCMR Medical Consultant’s evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 10 May 2006, a copy of the Air Force evaluation was forwarded to the
applicant for review and comment. As of this date, this office has received
no response.
_________________________________________________________________
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 an error or injustice. We took notice of the applicant's
complete submission in judging the merits of the case and do not find that
it supports a change to his records to reflect the injuries sustained in an
assault on July 2, 1957, while assigned in Berlin Germany were a result of
military operations. We noted the applicant’s contentions; however, we
believe the detailed comments provided by the BCMR Medical Consultant
thoroughly address his allegations. Other than his own assertions, we have
seen no evidence by the applicant that successfully refutes the assessment
of his case. Therefore, we agree with the opinion and recommendation of
the BCMR Medical Consultant and adopt the rationale provided as a basis for
our conclusion that the applicant has not been the victim of either an
error or an injustice. Accordingly, the applicant’s request is not
favorably considered.
4. The applicant's case is adequately documented and it has not been shown
that a personal appearance with or without counsel will materially add to
our understanding of the issue involved. Therefore, the request for a
hearing is not favorably considered.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of probable 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 this application in Executive
Session on 1 June 2006, under the provisions of AFI 36-2603:
Mr. James W. Russell III, Panel Chair
Mr. Alan A. Blomgren, Member
Mr. Vance E. Lineberger, Member
The following documentary evidence for AFBCMR Docket Number 05-00848 was
considered:
Exhibit A. DD Form 149, dated 5 Mar 05, w/atchs.
Exhibit B. Letter, BCMR Medical Consultant, dated 8 May 06.
Exhibit C. Letter, SAF/MRBR, dated 10 May 06.
JAMES W. RUSSELL III
Panel Chair
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