APPLICANT REQUESTS:  That his records be corrected to show that his disabilities were incurred while he was engaged in combat with an enemy of the United States.

APPLICANT STATES:  In effect, that since the VA awarded him a disability rating, the Army should certify that his medical conditions were incurred in combat with an enemy of the United States.

In support of his application he submits a VA decisional transcript of a hearing which resulted in his being awarded a 20 percent disability rating for chronic low back strain, and a zero percent rating for hearing loss.  In that transcript the applicant’s counsel stated “Regarding the low back disability, [the applicant] will testify to the effect that he first injured his back while he was stationed in Vietnam by falling over some sand bags and since that time he has recurrent back 
problems . . .”

EVIDENCE OF RECORD:  The applicant's military records show:

He enlisted in the Regular Army on 9 January 1963, was awarded the military occupational specialty (MOS) of switchboard operator, was promoted to pay grade E-3, and immediately reenlisted on 5 March 1964.  During that enlistment, he was awarded the MOS of a pay distribution specialist, served in Vietnam, and was promoted to pay grade E-6.  He continued to serve through reenlistments, being awarded the MOS of club manager, and was promoted to pay grade E-7.  He was honorably retired for length of service (20-year retirement) on 31 May 1984.

Guidance provided to the Board from the Physical Disability Agency (PDA) specifies that a disability or injury is considered to be a “direct result of armed conflict” if the injury or disease was incurred while the soldier was engaged in armed conflict, an operation or incident, involving armed conflict or the likelihood of armed conflict, while interred as a prisoner of war or detained against their will in the custody of a hostile or belligerent force, or while escaping or attempting to escape from such prisoner of war or detained status.  The disability must also be based upon a direct causal relationship between the armed conflict, operation, prisoner of war, or detained status and the injury.  This is not a casual connection or just having something occur to the soldier while in an area of armed conflict or hostilities.  Normally, soldiers who sustain injuries while assigned to administrative, supply, or other support duties in the rear area are not considered to be in the area of combat operations unless the injury is actually incurred during an enemy attack in the immediate area.  There must be a direct cause and effect between the “armed conflict” and the disability.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  Whether or not the applicant’s back problem had its inception while he was in Vietnam, there is no indication that it was incurred as a result of his engaging in an armed conflict.

2.  To the contrary, the counsel representing him at the VA hearing stated that he had tripped over some sandbags.  Considering his MOS at that time, a pay distribution specialist, and a lack of evidence that he was under enemy attack at the time, it does not seem likely that his back injury was a result of an armed conflict.

3.  As such, there is no evidence of record, nor has the applicant submitted any documentation which would show that his disabilities were incurred in combat, as defined by the PDA.

4.  In view of the preceding, there is no basis for granting the applicant’s request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

                       GRANT          

                       GRANT FORMAL HEARING

                       DENY APPLICATION




						Karl F. Schneider
						Acting Director