IN THE CASE OF:
BOARD DATE: 6 January 2011
DOCKET NUMBER: AR20100014337
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his disabling health conditions be considered to be combat related.
2. The applicant states his health was considerably affected by his military service.
3. The applicant provides copies of his application for Combat Related Special Compensation (CRSC); the Human Resources Command's 7 April 2010 denial of that request; his DD Form 214 (Report of Separation from Active Duty); a DA Form 199 (Physical Evaluation Board Proceedings), dated 19 December 1980; and the 12 May 2005 and 28 January 2010 Department of Veterans Affairs (VA) decisions on his disability case.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Puerto Rican Army National Guard and entered initial active duty for training on 9 April 1978. He completed basic training and had just started advanced individual training (AIT) as an infantryman when he was hospitalized for a bleeding ulcer.
2. Following surgery and the complications of adhesions at the surgical site, he was referred for disability processing for evaluation of this and additional eye problems caused by a piece of ceiling plaster that fell and hit him in the face.
3. An 11 April 1979 Physical Evaluation Board (PEB) rated his gastro-intestinal problems at 40 percent disabling and two separate but related eye problems at 10 percent each. He was placed on the Temporary Disability Retired List (TDRL).
4. Additionally, the PEB found that, "The members retirement is not based on disability resulting from injury or disease received in line of duty as a direct result of armed conflict or caused by an instrumentality of war...."
5. On 28 February 1981, the applicant was removed from the TDRL and permanently retired due to physical disability.
6. Combat Related Special Compensation eligibility includes disabilities incurred as a direct result of:
* Armed Conflict (gunshot wounds, Purple Heart, etc)
* Training that Simulates War (exercises, field training, etc)
* Hazardous Duty (flight, diving, parachute duty)
* An Instrumentality of War (combat vehicles, weapons, Agent Orange, etc)
7. Title 10, United States Code, section 1413a provides for payment of combat-related special compensation equal to the amount by which VA disability benefits reduce retirement pay.
8. Current CRSC eligibility requirements provide that:
* retirees must apply to their respective branch of service to be approved for CRSC
* retirees must be in receipt of VA compensation
* retirees must be in receipt of military retired pay
* retirees must have an approved combat-related VA disability rating of 10% or greater
* retirees from active-duty must have 20 years of active service or be chapter 61 medical retirees with less than 20 years
* retired reservists must have 20 years of qualifying service (supported by documentation from the applicable branch of service such as a 20-year letter, retirement orders or a statement of service)
9. The VA has determined all of the applicant's physically impaired conditions to have been, "Service Connected, Peacetime Incurred."
DISCUSSION AND CONCLUSIONS:
1. The applicant states his health was considerably affected by his military service.
2. The applicant was disabled by the general military environment and not specifically by an instrumentality of war. He is not eligible for CRSC.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ____X___ ____X___ 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 for correction of the records of the individual concerned.
_______ _ _X_____ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20100014337
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ABCMR Record of Proceedings (cont) AR20100014337
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