IN THE CASE OF:
BOARD DATE: 16 June 2011
DOCKET NUMBER: AR20100028730
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 approval of his Combat-Related Special Compensation (CRSC) claim.
2. The applicant states that he applied for CRSC benefits and his request was denied.
3. The applicant provides a copy of his CRSC application and a copy of his Department of Veterans Affairs (DVA) Rating Decision.
CONSIDERATION OF EVIDENCE:
1. The applicants records, though somewhat incomplete, show he was serving in the U.S. Army Reserve (USAR) in pay grade E-4 when he was mobilized in support of Operation Enduring Freedom at Fort Eustis, VA.
2. On 27 March 2004 while in Newport News, VA he was involved in an altercation where he was stabbed and sustained lacerations to the right side of the head, left arm, right hand, and the right side of the chest.
3. On 23 October 2007 the applicant was placed on the Temporary Disability Retired List (TDRL) with a 40 percent (%) disability rating percentage.
4. He was removed from the TDRL on 16 June 2009 and he was permanently retired on 17 June 2009 with a 60% disability rating.
5. On 22 September 2009, the applicant applied for CRSC for the following conditions:
* Chest Wall defect, obstructive lung disease
* Eczema, tinea Versicolor
* Eczema, Pseudofolliculitis
* Labyrinthitis, vertigo
* Status Post Stab Wound Right 3rd and 4th finger
* Migraine Headaches, Post-Concussion Headaches
* Post-Traumatic Stress Disorder
* Scars, Scars Right Anterior Chest
* Traumatic Brain Disease
6. On 19 July 2010, the CRSC Branch of the U.S. Army Human Resources Command (USAHRC) denied the applicants claim due to a lack of evidence to show that his conditions were combat-related.
7. On 24 August 2010, the DVA granted the applicant a 100% service-connected disability rating, effective 24 November 2008.
8. The applicant again applied for CRSC benefits and his claim was again denied for the same reasons. The CRSC Branch could not determine based on the available evidence that his conditions were combat-related.
9. Title 10, U.S. Code, section 1413a (CRSC) provides that eligible members are those retirees who have 20 years of service for retired pay computation 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 DVA and rated at least 10% disabling. For periods before 1 January 2004, members had to have disabilities for which they were awarded the Purple Heart and are rated at least 10% disabled or who are rated at least 60% disabled as a direct result of armed conflict, specially hazardous duty, training exercises that simulate war, or cause by an instrumentality of war.
DISCUSSION AND CONCLUSIONS:
1. The evidence provided by the applicant, and the available evidence of record, fails to support his contention that his conditions are combat-related.
2. The available records contain no evidence to show that he deployed to a combat theater or any related evidence to show any involvement in combat operations. He has failed to show that his conditions were the result of specially hazardous duty, training exercises that simulate war, or caused by an instrumentality of war.
3. Therefore, in the absence of such evidence there appears to be no basis to grant his request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ____X____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States. The applicant and all Americans should be justifiably proud of his service in arms.
___________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) AR20100028730
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ABCMR Record of Proceedings (cont) AR20100028730
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