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NAVY | BCNR | CY2006 | 05829-06
Original file (05829-06.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 JRE
Docket No. 05829-06
18 December 2006
From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj:
 REVIEW OF NAVAL RECORD
Ref:     (a) 10 U.S.C. 1552
End:     (1) DD 149
 (2)      Subject’s naval record
1.       Pursuant to the provisions of reference (a), Petitioner, an officer of the Navy, applied to this Board requesting that his naval record be corrected by to show that he is entitled to combat-related special compensation (CRSC) for status/post gunshot wound, anterior left tibia, rated at 10% under Department of Veterans Affairs (VA) code 5312. He contends, in effect, that determination by the CRSC Branch, Secretary of the Navy Council of Review Boards, that the cause of that condition cannot be determined is erroneous. He indicated in his initial application for CRSC that the wound occurred when a handgun that two men were scuffling over discharged. He characterized the handgun as an instrumentality of war.

 2. The Board, consisting of Messrs. and reviewed Petitioner’s allegations of error and injustice on 30 November 2006 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consisted of the enclosures, naval records, and applicable statutes, regulations and policies.
3.       The Board, having reviewed all the facts of record pertaining to Petitioner’s allegations of error and injustice finds as follows:

 a.       Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.
b.       Petitioner’s application to the Board was filed in a timely manner.
c.       On 10 February 2006, Petitioner was advised by a representative of the CRSC Branch, Secretary of the Navy Council of Review Boards, that his disability rated under VA code 5312 was not combat-related, the cause of that condition could not be confirmed. The Board obtained a copy of Petitioner’s Navy health record from the VA. An entry date 13 January 1969 indicates that Petitioner, who was serving in Vietnam in an attack helicopter squadron, was hospitalized on 28 December 1968 for treatment of a through and through gunshot wound of the lower portion of his left leg. The injury was classified as “not due to own misconduct”. There are no other pertinent health or service record entries in the records obtained by the Board.
CONCLUSION:

Upon review and consideration of all the evidence of record, and resolving doubt in Petitioner’s favor, the Board concludes that the gunshot wound he sustained on or about 28 December 1969 was caused by an instrumentality of war and is therefore combat-related. Accordingly, the Board recommends the following corrective action.

RECOMt4ENDAT ION:

a. That Petitioner’s naval record be corrected to show that his disability rated by the VA under code 5312 for status/post left anterior tibia gunshot wound, was caused by an instrumentality of war, and that he is entitled to combat-related special compensation for that condition.

b. That a copy of this Report of Proceedings be filed in Petitioner’s naval record.

4. It is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above entitled matter.
                  

ROBERT D. ZSALMAN        JAMES E XNICIOS
Recorder         Acting R ecorder
5.       The foregoing action of the Board is submitted for your review and action.


         W. DEAN PFEIFFER
 Executive Director

Reviewed and approved:





ROBERT T. CALl
Assistant General Counsel
 Manpower and Reserve Affairs)







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