DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for the Correction of 
the Coast Guard Record of: 
 
                                                                                        BCMR Docket No. 2007-117 
 
xxxxxxxxxxxxxxxxxxxx 
xxxxxxxxxxxxxxxxxxxx   

 

 
 

FINAL DECISION 

 
 
This is a proceeding under the provisions of section 1552 of title 10 and section 425 of 
title 14 of the United States Code.  The Chair docketed the case on March 23, 2007, upon receipt 
of the completed application, and assigned it to staff member J. Andrews to prepare the decision 
for the Board as required by 33 C.F.R. § 52.61(c). 
 
 
appointed members who were designated to serve as the Board in this case. 
 

This final decision, dated December 19, 2007, is approved and signed by the three duly 

APPLICANT’S REQUEST AND ALLEGATIONS 

 
 
 The applicant, who retired from the Coast Guard on December 31, 1983, as a senior chief 
petty officer, asked the Board to correct his Coast Guard military record to show that his cervical 
arthritis  and  tinnitus  are  combat  related,  which  would  entitle  him  to  Combat  Related  Special 
Compensation (CRSC).1  The applicant alleged that he incurred a back injury while serving as a 
flight mechanic in the Air Force in Vietnam from 1965 to 1969 and that the back injury was the 
cause of his current cervical arthritis at C-6/7.  He further alleged that his tinnitus was caused by 
the excessive noise he endured while performing in-flight and ground duties around combat vehi-
cles in Vietnam.  The Department of Veterans’ Affairs (DVA) has found both conditions to be ser-
vice connected. 

 
In  support  of  his  allegations,  the  applicant  submitted  a  copy  of  his  CRSC  application 
form, on which he wrote that in September 1968 “[w]hile performing pre-flight of C-130 Aircraft 
[for the Air Force in Vietnam, he] slipped and fell on wet surface from top of aircraft into the 
flight deck, catching [him]self with [his] right arm resulting in injury to C-6/7 vertebrae.”   He 
also wrote that from 1965 to 1969, “[n]umerous hours of flying as flight mechanic on C-130 air-
                                                 
1  CRSC  allows  military  retirees  to  receive  both  retired  pay  and  disability  compensation  if  they  are  in  receipt  of 
retired  pay  based  on  at  least  20  years  of  service  and  have  a  compensable  service-connected,  “combat-related” 
disability.  Under 10 U.S.C. § 1413a(f), a “combat-related” disability “(1) is attributable to an injury for which the 
member  was  awarded  the  Purple  Heart;  or  (2)  was  incurred  (as  determined  under  the  criteria  prescribed  by  the 
Secretary of Defense)--(A) as a direct result of armed conflict; (B) while engaged in hazardous service; (C) in the 
performance of duty under conditions simulating war; or (D) through an instrumentality of war.” 

craft  and  related  flight  excess  noise  led  to  the  onset  of  tinnitus.”    In  addition,  the  applicant 
applied for CRSC based upon his diabetes mellitus, which he alleged was caused by exposure to 
Agent Orange in Vietnam; and upon diabetes-related peripheral neuropathy in his arms and legs.  
 

VIEWS OF THE COAST GUARD 

 
 
On August 23, 2007, the Board received an advisory opinion on the case from the Judge 
Advocate  General  (JAG).    He  stated  that  the  Coast  Guard  Personnel  Command  (CGPC)  has 
determined that the applicant’s diabetes, peripheral neuropathy, and tinnitus are combat related 
and has already granted the requested relief with respect to those disabilities.  He recommended 
that the Board grant no further relief because there is no evidence in the record before the Board 
that the applicant’s cervical arthritis is combat related.  The JAG adopted the findings and analy-
sis of the case provided in a memorandum prepared by CGPC. 
 

CGPC stated that after serving in the Air Force from March 22, 1963, to May 24, 1971, 
the applicant served in the Coast Guard from June 28, 1971, until his retirement on January 1, 
1984.  Regarding the applicant’s claim that his cervical arthritis is combat related, CGPC stated 
that the applicant’s alleged mishap in September 1968 is not documented in sufficient detail in 
his Coast Guard medical records and that  

 
[t]here is no objective medical evidence (i.e. entry in the medical record, etc.) in [the applicant’s] 
record that shows this disability occurred as a direct result of a combat related circumstance.  We 
recommend [that the applicant] submit documentation that clearly shows the injuries happened as a 
result of combat-related activity.  In particular, [he] should request reports (i.e., injury, medical, 
mishap, etc.) from the Air Force during which the incident may have occurred. 
 
CGPC  attached  to  its  memorandum  a  copy  of  a  letter  to  the  applicant  dated  April  18, 
2007, which states that his diabetes, peripheral neuropathies, and tinnitus are combat related and 
that he is eligible for CRSC because at least 10%2 of his combined DVA disability rating (60%) 
has been determined to be combat related.  

 

 

APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 

 
 
and invited him to respond within thirty days.  No response was received. 

On August 24, 2007, the Chair sent the applicant a copy of the views of the Coast Guard 

SUMMARY OF THE RECORD 

 
 
A Statement of Creditable Service in the applicant’s Coast Guard records shows that he 
served in the Air Force from March 22, 1963, through May 24, 1971.  On April 17, 1967, the 
applicant underwent an Initial Flight Physical Examination at an Air Force hospital in Japan.  He 
was found qualified for Flying Class III, and the only significant prior medical conditions noted 
were a tonsillectomy and hernia.   
 
                                                 
2 Under 10 U.S.C. § 1413a, only “compensable” disability ratings qualify a veteran for CRSC.  Therefore, the rating 
applied by the DVA to the service-connected, combat-related disability must be 10% or higher to qualify a veteran 
for CRSC. 

On July 8, 1967, the applicant sought treatment for a laceration on his right thumb, which 

 
required two “deep tight” stitches.  No cause of the laceration is stated on the medical report. 
 

On August 21, 1967, the applicant sought treatment for a sprained left ankle.  The doctor 

noted that the applicant said he had twisted his ankle when jumping off a pallet in an aircraft. 
 
 
On December 19, 1967, the applicant underwent an annual flight examination at the Air 
Force hospital in Japan.  Aside from the laceration of his right thumb, the applicant denied “any 
other significant medical or surgical history” since his prior examination. 
 

From July 30 to August 8, 1968, the applicant received injections at the hospital in Japan 
to  treat  “acromioclavicular  bursitis”  (inflammation  in  his  shoulder).3    A  doctor  reported  his 
condition as “spasm of trapezius muscle, left, cause undetermined.” 
 

On the Report of Medical Examination for his October 30, 1968, annual flight examina-
tion, the doctor noted that the applicant “denies all significant medical or surgical history since 
last examination” and found him qualified for Flying Class III. 
 

On March 9, 1971, the applicant underwent a pre-discharge physical examination.  On his 
Report of Medical History, he denied having “back trouble of any kind,” nerve pain, or any prob-
lems with his neck, arms, or hands.  The past medical conditions he reported included a child-
hood tonsillectomy, a 1957 herniography, and a trauma to his right knee in 1969.  A doctor noted 
on March 12, 1971, that the applicant reported “trauma to [left] knee 2 [years] ago in airplane.  
Still  complains  of  pain.”    On  the  Report  of  Medical  Examination,  the  doctor  wrote  that  the 
“[p]atient denies all other medical and surgical history” and found him fit for duty or separation. 
 

On May 11, 1971, the applicant underwent a physical examination pursuant to his appli-
cation to enlist in the Coast Guard.  On his Report of Medical History, the applicant denied hav-
ing  “back  trouble  of  any  kind,”  nerve  pain,  or  any  problems  with  his  neck,  arms,  or  hands.  
According to a doctor’s note, the applicant admitted that he had been injured on an aircraft at an 
air base in Japan in 1969 but stated that “medical attention [was] not required.”  The physician 
noted that there had been “[n]o significant medical history since last physical examination.” 

 
On June 28, 1971, the applicant enlisted in the Coast Guard.  On September 3, 1971, the 
applicant sought treatment for weakness and numbness in his right hand.  The doctor reported 
that his decrease in sensation suggested a problem at his C-6/7 disk.  According to the doctor, the 
applicant stated that he had undergone traction after injuring his right shoulder three years earlier  

 
when he grasped onto the edge of a hatch as he was falling through.  He had throbbing pain in 
shoulder for 1 month but no pain, weakness [unreadable] of the arm or hand.  He then felt well 
until 5 weeks ago when he again noted dull throbbing pain in [his right] shoulder, which has per-
sisted to the present time.  The pain radiates down the lateral [unreadable] of the arm to the elbow 
and to the [unreadable] area.  In past few days his palm and all five fingers have felt “half asleep.”  
No record [of] shoulder or neck injury. …  Imp[ression]:  C6-7 radiculopathy—most likely due to 
cervical spondylosis or soft disc. … 
 

                                                 
3 DORLAND’S ILLUSTRATED MEDICAL DICTIONARY, 25TH ED. (1974), pp. 21, 257. 

From September 21 to October 12, 1971, the applicant was hospitalized at the Portsmouth 
Naval Hospital because of pain and weakness in his right arm and shoulder.  The doctor noted 
that the applicant attributed his condition to “a fall in an airplane three years previously, but there 
were no neurologic signs at that time.”  The doctor reported that his 

On  March  25,  1975,  the  applicant  was  treated  for  back  pain  after  he  rolled  his  snow 

On the Report of Medical History for his annual flight examination on December 7, 1976, 

 
[r]eview of cervical spine films taken locally showed these also to be normal. … The patient failed 
to respond to bed side cervical traction.  Accordingly on 29 September 1971 a myelogram was per-
formed and this revealed a minimal defect at C6-7 which might have represented a tiny spondylitic 
spur.  The patient was started on vertical traction with which he improved markedly.  Symptoms 
disappeared, triceps strength returned and numbness abated. … 
 
On September 1, 1972, the applicant sought issuance of various Air Force medals, includ-
ing  a  Vietnam  Service  Medal  with  eight  bronze  stars  and  a  Republic  of  Vietnam  Campaign 
Medal.    He  did  not  request  a  Purple  Heart.    His  commanding  officer  recommended  that  the 
requested  medals  be  issued  because,  he  wrote,  the  applicant’s  “Air  Force  discharge  certificate 
confirms that the listed medals were earned.”  The applicant’s request was granted. 
 
 
mobile. 
 
 
the applicant reported that he had injured his neck in 1971. 
 
 
On January 30, 1978, the applicant sought medical treatment for pain in his right elbow, 
which radiated down to his right hand.  The doctor diagnosed him with chronic tendonitis and 
noted that the applicant reported having broken his neck in 1971. 
 
 
In July 1980, the applicant had an x-ray of his cervical spine.  The results were normal.  
On September 17, 1980, a neurologist for the Coast Guard reported that the applicant had been 
hospitalized  in  1971  for cervical radiculopathy at C-7 following a neck injury and that occur-
rences of pain and numbness had gradually increased. 
 
 
On July 14, 1983, the applicant underwent a physical examination in anticipation of his 
retirement.  On the Report of Medical History, the applicant noted, inter alia, that he had been 
hospitalized in 1971 when he temporarily lost the use of his right arm due to branchial neuropa-
thy, which was resolved through physical therapy; that he suffered from chronic tendonitis in his 
elbow; and that he had suffered hearing loss, although his audiogram was within normal limits.  
On  the  Report  of  the  Medical  Examination  prepared  for  the  applicant’s  retirement  physical 
examination on July 14, 1983, the doctor found that he had no disqualifying disabilities and was 
fit for retirement.  The applicant retired from the Coast Guard on January 1, 1984. 
 
 
A DVA report dated February 24, 1986, states that the applicant attributed his “neck prob-
lem and right arm and left hand problem” to a 1968 fall inside an aircraft when he caught his 
weight on his right arm.   
 
 
A  DVA  report  dated  August  24,  1999,  states  that  the  applicant  attributed  his  cervical 
arthritis to a fall of “four or five feet from an airplane,” when he “caught himself with his right 
hand.  This was in 1967 while he was in the Air Force in Vietnam.” 

 
 
A DVA report of examination dated April 27, 2002, states that the applicant claimed that 
“he injured his cervical spine in 1967 when he fell into an aircraft during a pre-flight routine dur-
ing a monsoon.  The patient states that he had instantaneous pain in his neck radiating to his left 
arm, especially the medial aspect of the arm, including the third, fourth, and fifth digits.  He was 
treated with traction.  He stated a myelogram done shortly after the injury showed a herniated 
disk and he has some numbness and pain in his arm ever since.”  The DVA examiner found that 
the applicant “likely suffered a herniated C6-7 disk as the result of a fall in 1967.  Over the years, 
the patient’s herniated disk has likely degenerated and he has developed sponylitic changes in the 
C6-7.” 
 

 

DOD GUIDANCE 

 

 

The Department of Defense’s “Combat-Related Special Compensation Revised Program 
Guidance,” issued in January 2004, states the following regarding combat-related determinations 
under the CRSC program: 
 

Direct Result of Armed Conflict - The disability is a disease or injury incurred in the line of duty as 
a result of armed conflict.  The fact that a member incurred the disability during a period of war or 
an area of armed conflict or while participating in combat operations is not sufficient to support a 
combat-related  determination.    There  must  be  a  definite  causal  relationship  between  the  armed 
conflict and the resulting disability.  
 
Armed conflict includes a war, expedition, occupation of an area or territory, battle skirmish, raid 
invasion, rebellion, insurrection, guerilla action, riot, or any other action in which Service members 
are engaged with a hostile or belligerent nation, faction, force, or terrorists.   
 
Armed conflict may also include such situations as incidents involving a member while interned as 
a prisoner of war or while detained against his or her will in custody of a hostile or belligerent 
force while escaping or attempting to escape from such confinement, prisoner of war, or detained 
status.   
 
While Engaged in Hazardous Service - Such service includes, but is not limited to aerial flight, 
parachute duty, demolition duty, experimental stress duty, and diving duty.  A finding that a disabil-
ity is the result of such hazardous service required that the injury or disease be the direct result of 
actions  taken  in  the  performance  of  such  service.    Travel  to  and  from  such  service,  or  actions 
incidental to a normal duty status not considered hazardous are not included.   
 
In the Performance of Duty Under Conditions Simulating War - In general this covers disabilities 
resulting  from  military  training,  such  as  war  games,  practice  alerts,  tactical  exercises,  airborne 
operations, leadership reaction courses, grenade and live fire weapons practice, bayonet training, 
hand-to-hand  combat  training,  repelling  and  negotiation  of  combat  confidence  and  obstacle 
courses.  It does not include physical training activities such as calisthenics and jogging or forma-
tion running and supervised sport activities.   
 
Instrumentality of War - Incurrence during an actual period of war is not required. However, there 
must be a direct causal relationship between the instrumentality of war and the disability.  The dis-
ability must be incurred incident to a hazard or risk of the service.  

FINDINGS AND CONCLUSIONS 

The Board makes the following findings and conclusions on the basis of the applicant’s 

 
 
military record and submissions, the Coast Guard’s submissions, and applicable law: 
 

1. 

The Board has jurisdiction concerning this matter pursuant to 10 U.S.C. § 1552.  
As Congress enacted CRSC in 2002 and the Coast Guard only recently denied the applicant’s 
request to have his cervical arthritis determined to be combat related, the application was timely.   

As the Coast Guard has granted the applicant’s request that his tinnitus be found 
to be combat related and denied his request for a combat-related determination only for his cervi-
cal arthritis, the latter is the only issue remaining for consideration by the Board. 

Although  the  DVA  has  found  the  applicant’s  cervical  arthritis  to  be  service-
connected given his hospitalization in September 1971, to be “combat related,” a medical condi-
tion must be “attributable to an injury for which the member was awarded the Purple Heart” or 
incurred “as a direct result of armed conflict”; “while engaged in hazardous service”; “in the per-
formance  of  duty  under  conditions  simulating  war”;  or  “through  an  instrumentality  of  war.”   
10 U.S.C. § 1413a(f).  To prevail on his claim, the applicant must prove by a preponderance of 
the  evidence  that  his  cervical  arthritis  is  “combat  related”  under  10  U.S.C.  §  1413a  and  the 
guidance of the Secretary of Defense.  33 C.F.R. § 52.24(b). 

 
2. 

 
3. 

 
4. 

 
5.  

 
6. 

The applicant alleged that his cervical arthritis is the result of a fall in an aircraft 
while he was performing a pre-flight check on an aircraft during the Vietnam War in the 1960s.  
However, his Air Force medical records fail to support his allegation that his cervical arthritis is 
combat  related,  as  he  alleged.    Although  the  record  before  the  Board  contains  many  medical 
records from the Air Force hospital in Japan, none of them indicate that the applicant injured his 
neck during a fall in or from an aircraft.  His Air Force records show that, apart from various 
colds, flus, etc., the applicant was treated for a lacerated thumb on July 8, 1967; for a sprained 
ankle on August 21, 1967, when he jumped off a pallet in an aircraft; and for inflammation in his 
shoulder—“cause undetermined”—in late July and early August 1968. 

The Board notes that after joining the Coast Guard, the applicant suffered signifi-
cant weakness and numbness in his right hand while stationed in Virginia in September 1971.  
When discussing his condition, the applicant told the doctor that he had injured his shoulder fal-
ling through a hatch on an aircraft three years earlier, in 1968.  The possibility of an injury to the 
applicant’s cervical spine was first reported in his medical records in September 1971, when a 
myelogram showed a “minimal defect at C6-7 which might have represented a tiny spondylitic 
spur.”    Medical  reports  dated  December  7,  1976;  January  30,  1978;  and  September  17, 1980, 
show that the applicant reported having broken or injured his neck in 1971.  However, following 
his  retirement,  the  applicant  told  his  doctors  that  his  problems  with  his  right  hand  and  arm 
stemmed from a fall in an aircraft in 1967 or 1968. 

In light of all the evidence of record, the Board finds that the applicant has not 
proved by a preponderance of the evidence that the Coast Guard erred in finding that his cervical 
arthritis  is  not  combat  related.    Although  his  Air  Force  medical  records  are  numerous  and 
detailed, none show that he injured his neck during a fall in an aircraft during a pre-flight check.  

The first medical report of a neck injury in the record is dated September 1971, when the appli-
cant was serving in the Coast Guard in Virginia, and there is no evidence that this neck injury 
was combat related.  While it is possible that the applicant injured his neck while serving in the 
war in 1967 or 1968, there is insufficient evidence in the record to support the allegation. 

 
7. 

Accordingly, the application should be denied because the applicant has failed to 
prove by a preponderance of the evidence that he is entitled to that part of the requested relief 
that the Coast Guard has denied.   
 
 
 
 

[ORDER AND SIGNATURES APPEAR ON NEXT PAGE] 

The  application  of  xxxxxxxxxxxxxxxxxxxxxxxxxxxxx,  USCG  (retired),  for  correction 

ORDER 

 

 
 

 
 

 
 

 

        

 
 
 Steven J. Pecinovsky  

 

 

 

 

 
 J. Carter Robertson 

 

 

 
 
 Richard Walter 

  

 

 

 

 

 

 

 

 

 

 
 

 
 

 
 

 
 

 
 

of his military record is denied.