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AF | BCMR | CY2006 | BC-2005-00848
Original file (BC-2005-00848.doc) Auto-classification: Denied


                            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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