RECORD OF PROCEEDINGS


	IN THE CASE OF:     


	BOARD DATE:	  08 April 2008
	DOCKET NUMBER:  AR20070017167 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.




Director


Analyst


The following members, a quorum, were present:




Chairperson



Member



Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, reconsideration of his claim that the injury he sustained in the line of duty on 14 November 1964 was connected to combat related operations as defined by Department of Defense (DoD) Combat-Related Special Compensation (CRSC) program guidance.

2.  The applicant states, in effect, that the Army Board for Correction of Military Records (ABCMR), Record of Proceedings, Discussion and Conclusions, Item 3, states that, “in order for a condition to be considered combat related, there must be evidence of the condition having a direct, causal relationship to war or the simulation of war.  An injury that occurs while traveling in a convoy to [emphasis added] a field training exercise does not meet the criteria for a combat related injury or award of CRSC.”  He also states that based on this sentence, his application was denied.

     a.  The applicant questions how the Board arrived at the conclusion that the injury was incurred while traveling “to” a field training exercise and offers the following:

	(1)  The ABCMR, Record of Proceedings, The Applicant’s Request, Statement, and Evidence, paragraph 2, indicates, “[t]he applicant states, in effect, that his injury was incurred while on [emphasis added] a 30 day field training exercise, Operation Gold Star, simulating operational conditions in a wartime environment.”

	(2)  The ABCMR, Record of Proceedings, Consideration of Evidence, paragraph 2, indicates, “[t]he line of duty determination that the applicant provided shows that on 14 November 1964, he slipped and fell under the wheels of a trailer-mounted generator.  His unit was traveling en rout (sic) to Fort Bliss, Texas [emphasis added] in a convoy.”

	(3)  The DD Form 2860 (CRSC Application), Section III (Final CRSC Criteria), Item 13f (Military unit to which you were assigned or attached when you incurred the disability) states “Btry C, 6th Missile Bn, 71st Arty, Ft. Bliss, Texas.”

	(4)  Air Force Form 348 (Line of Duty Determination) states, “accident occurred around Wichita Falls, Texas which is about 480 miles from Fort Bliss, Texas.”

     b.  The applicant concludes by stating “[his] unit was ordered to participate in Exercise Operation Gold Star, which took place in the state of Missouri.  The unit was air lifted out of El Paso, Texas and was to return [emphasis added] to Fort Bliss, Texas by convoy.  Traveling and refueling convoys were part of the exercise.  The injury occurred while returning to the unit’s permanent base not traveling to a training exercise.  A military unit ordered to participate in a mission or training exercise is never completed until a unit returns to its permanent base.”

     c.  The applicant offers that after the Board reviews the arguments and facts, it “should conclude that their assumption that the injury was incurred while traveling in a convoy to [emphasis added] a field training exercise was in error.” Thus, the Board should reconsider its original decision and grant approval of his application.

3.  The applicant provides no additional documentary evidence.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20070005286, on 2 October 2007.

2.  The evidence of record shows the applicant’s injury occurred at 1130 hours (Central Standard Time) on 14 November 1964, on Highway 277 approximately 10 miles outside of Seymour, Texas, while he was traveling with his unit’s convoy enroute to Fort Bliss, Texas.

3.  There is no evidence in the applicant’s military service records that shows he was wounded or treated for wounds as a result of hostile action.  There are no orders in the applicant’s military service records that show he was awarded the Purple Heart.

4.  The applicant's military service records contain a DD Form 214 (Certificate of Release or Discharge from Active Duty), with an effective date of 30 September 1991, that shows he was honorably retired from active duty after completing a total of 23 years, 10 months, and 8 days total active service.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not show award of the Purple Heart.

5.  Combat-Related Special Compensation (CRSC), as established by Section 1413a, Title 10, United States Code, as amended, states that eligible members are those retirees who have 20 years of service for retired  pay computation (or 20 years of service creditable for Reserve retirement at age 60) and who have disabilities that are the direct result of armed conflict, specially hazardous military duty, training exercises that simulate war, or caused by an instrumentality of war. Such disabilities must be compensated by the Veterans Administration (VA) and rated at least 10 percent disabling.  For periods before January 1, 2004 (the date this statute was amended), members had to have disabilities for which they have been awarded the Purple Heart and are rated at least 10 percent disabled or who are rated at least 60 percent disabled as a direct result of armed conflict, specially hazardous duty, training exercises that simulate war, or caused by an instrumentality of war.  CRSC benefits are equal to the amount of VA disability compensation offset from retired pay based on those disabilities determined to be combat-related.

6.  Field Manual (FM) 25-4 (How to Conduct a Training Exercise) provides commanders, staffs, and exercise planners with doctrine, guidance, and examples for planning, conducting, and controlling training exercises.  Table 4 (Exercise Planning Milestones) shows an Exercise (E) as being conducted during the period from STARTEX (Start of Exercise) to “ENDEX” (End of Exercise) and the period of the exercise is represented in Table 4 as E to E plus number of days (e.g., E to E+5).  Table 4 also shows that unit movement prior to the exercise is represented by an E minus the number of days (e.g. E-2), which is prior to STARTEX.  Table 4 also provides for the completion of an After-Action Review and After-Action Report after ENDEX.  Unit movement (i.e., return) to permanent station is not shown on Table 4 as part of the Exercise.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his records should be corrected to show the injury he sustained in the line of duty on 14 November 1964 was connected to combat-related operations as defined by DoD CRSC program guidance.

2.  The evidence of record shows that for periods before January 1, 2004, members who have disabilities for which they have been awarded the Purple Heart and (emphasis added) are rated at least 10 percent disabled or are rated at least 60 percent disabled (emphasis added) as a direct result of armed conflict, specially hazardous duty, training exercises that simulate war (emphasis added) or caused by an instrumentality of war are eligible for CRSC:

     a.  The evidence of record shows the applicant was injured on 14 November 1964.  

     b.  There is no evidence the applicant was awarded the Purple Heart.

     c.  The evidence of record shows that the VA determined the applicant’s service-related, traumatic arthritis disability is 20 percent disabling and non-combat related.

     d.  The evidence of record also shows that the U.S. Army Physical Disability Agency (USAPDA) reconsidered the applicant’s request for CRSC and advised the applicant his injury was non-combat related and could not be approved in accordance with CRSC Program Guidance. 

3.  It is acknowledged that in the original discussion and conclusion of the applicant’s case it stated, “[h]is injury occurred during a convoy to (emphasis added) a field training exercise, as a result of an accident.”  This statement is in error.

4.  A further review of the evidence of record shows that the applicant’s injury actually occurred while traveling in a convoy of vehicles that was returning to Fort Bliss, Texas after (emphasis added) a field training exercise.

5.  The evidence of record shows that a unit’s movement to or from a field training exercise is outside the period of STARTEX and ENDEX.  Thus, the evidence of record refutes the applicant’s claim that he was injured during (emphasis added) a training exercise.  Thus, the applicant’s contention that his injury was sustained during a field training exercise simulating operational conditions in a wartime environment is not supported by the evidence of record. In view of the foregoing, the Board finds the error contained in the original Record of Proceedings (noted in paragraph 4, above) is harmless in that it does not impact the decision rendered by the VA, USAPDA, or this Board in its original decision.  Specifically, that the applicant’s injury was non-combat related.  Therefore, in view of all of the foregoing, the applicant is not entitled to correction of his records.

6.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__LDS __  __DKH__  __EEM__   DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20070005286, dated 2 October 2007.




____Linda D. Simmons__
          CHAIRPERSON