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NAVY | BCNR | CY2006 | 06459-06
Original file (06459-06.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 06459-06
25 May 2007

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 Form 149
(2)      Subject’s naval record

1.       Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed written application, enclosure (1), with this Board requesting, in effect, that the applicable naval record be corrected to show that he is entitled to combat-related special compensation for hearing loss, and that he developed hypertension while serving in the Navy. He contends that he served in Vietnam, and was exposed to gunfire while serving as a gun loader.

2.       The Board, consisting of Messrs. and reviewed Petitioner’s allegations of error and injustice
on 12 April 2007, 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 which were available under existing law and regulations within the Department of the Navy.

b.       Enclosure (1) was filed in a timely manner.

c.       Petitioner was released from active duty 25 May 1979 and transferred to the Fleet Reserve. Thereafter, the Department of Veterans Affairs awarded him a disability rating of 10% for hearing loss. On 28 June 2006, the CRSC Branch, Secretary of the Navy Council of Review Boards (SNCORB), denied his request for CRSC for the hearing loss. Officials of the CRSC Branch advised him, in effect, that there are many possible causes for hearing losses, and that he has not demonstrated that specific combat-related events caused his hearing loss.

d.       Petitioner’s record shows that he served in waters off the coast of Vietnam aboard the USS Providence, which shelled North Vietnamese shore batteries during the Test Offensive, and that he was awarded the Combat Action Ribbon. On 18 December 1967, he received a letter of commendation from his commanding officer, in which he was commended for participating in numerous operations in the Vietnam theater, during which he came under enemy fire, and his ship provided naval gunfire support for elements of the First and Third Marine Corps divisions.

CONCLUSION:

Upon review and consideration of all the evidence of record, the Board concludes that Petitioner failed to submit sufficient relevant evidence to demonstrate that he suffered from hypertension during his service in the Navy.

The Board accepted Petitioner’s contention that to the effect that he was exposed to acoustic trauma caused by naval gunfire while he was serving in combat in Vietnam. After resolving reasonable doubt in his favor, the Board concludes that it would be in the interest of justice to correct his record to show that his hearing loss was caused by that acoustic trauma.

In view of the foregoing, the Board recommends the following corrective action.

RECOMMENDAT ION:

a.       That Petitioner’s naval record be corrected to show that his hearing loss, which is rated at 10% by the Department of Veterans Affairs, was incurred in combat, and that he is entitled to combat-related special compensation for that condition.

b.       That a copy of this Report of Proceedings be made a part of Petitioner’s naval record.

c.       That so much of his request for corrective action as exceeds the foregoing be denied.


2
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
 Recorder         Acting Recorder

 5.       The foregoing report of the Board is submitted for your review and action.


                                                       W. DEAN PFEIFFER
                                                               Executive Director
Reviewed and Approved:   


Robert T. Can
Manpower and Reserve Affairs)

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