IN THE CASE OF:	   

		BOARD DATE:	  22 November 2011

		DOCKET NUMBER:  AR20110006191 


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 correction of his military record to show he is eligible for Combat-Related Special Compensation (CRSC).

2.  The applicant states he wants his record corrected to show his combat simulation training at Camp Roberts, CA in preparation for deployment to the Korean War.

	a.  He further states that his CRSC claim was denied because it did not show his training at Camp Roberts.  He contends that in 1950 he was ordered to Camp Roberts for pre-deployment, simulation training, and certification before deploying to Korea.

	b.  All elements of the 1402nd Combat Engineers National Guard Units of California were ordered to active duty.  He was assigned to Company B, 1402nd Engineer Combat Battalion.

	c.  Camp Roberts, a training facility utilized in combat-battle simulation and certification training, was nestled in the Central Valley of California.  This valley was known for Valley Fever.  The primary infection can range from acute pneumonia to disseminated disease.  While at Camp Roberts, the applicant developed a severe respiratory infection and he was medically evacuated to Madigan Army Hospital located at Fort Lewis, WA.


	d.  The applicant was diagnosed with coccidiomycosis caused by exposure to and inhalation of spores from the disturbed soil while training at Camp Roberts.

	e.  The applicant was still hospitalized at the time his unit deployed to Korea.  When he was well enough to return to duty, he was assigned for duty in Bremerhaven, Germany.

3.  The applicant provides:

* his CRSC denial decision, dated 5 February 2009
* Special Orders Number 187, issued by Fort MacArthur, CA, dated
21 September 1950
* a letter from Madigan Army Hospital, dated 17 January 1952
* a letter from the Chief, Army National Guard (ARNG) Personnel Office, State of California, dated 16 August 1978, with two endorsements

CONSIDERATION OF EVIDENCE:

1.  At the time of his application, the applicant was retired as a Reservist in the rank/grade of Command Sergeant Major (CSM)/E-9.

2.  On 11 September 1950, the applicant was called from inactive duty as a member of the ARNG for 24 months active duty.  His DA AGO Form 20 (Soldier's Qualification Card) shows:

	a.  He was assigned to Company B, 1402nd Engineer Combat Battalion located at Camp Roberts, for duty as a combat construction foreman.

	b.  He completed the following training at Camp Roberts:

* Battle Indoctrination-Infiltration Course:  13 December 1950
* Combat in the City:  18 January 1951
* Close Combat:  20 January 1951
* Overhead Artillery Firing:  16 February 1951

	c.  On 9 July 1951, he was assigned to the Medical Holding Detachment, Madigan Army Hospital as a patient.

	d.  In January 1952, he was released from the hospital and subsequently assigned for duty with the 1279th Engineer Combat Battalion in the European Command.

3.  In a letter from Madigan Army Hospital, dated 17 January 1952, as provided by the applicant, he was informed: "the report of the last coccidoidin test, it was reduction in titer continues."…"All seems well…."   "The report was dated
7 January 1952."

4.  On 31 May 1952, he returned to Fort Ord, CA.  His DD Form 214 (Report of Separation from the Armed Forces of the United States) shows he was honorably discharged at the expiration of his term of service on 4 June 1952.

5.  The applicant's service medical records for his period of service from 
11 September 1950 through 4 June 1952 are not available for review.

6.  On 24 May 1971, the Deputy Chief, Army Personnel Division, National Guard Bureau, Washington DC, notified the applicant of his eligibility for retired pay at age 60 [20-year letter].

7.  The letter from the Chief, Army National Guard (ARNG) Personnel Office, State of California, dated 16 August 1978 with two endorsements, as provided by the applicant, indicates that a medical board had found him to be unfit for continued service and required him to be interviewed to determine whether he should be discharged or transferred to the U. S. Army Reserve (USAR) Control Group (Retired).

8.  DA Form 3713 (Data for Retired Pay), dated 31 October 1984, shows the applicant applied for retired pay based on 31 years, 2 months, and 16 days of service credited for retirement.

9.  A copy of the applicant's Department of Veterans Affairs (VA) rating decision is not available for review.

10.  The CRSC denial decision dated 5 February 2009, as provided by the applicant, indicates that he had not provided sufficient documentation to show he qualified for CRSC.  The certifying officer was unable to verify that the following was a combat-related disability:

VASRD*
DESCRIPTION
PERCENTAGE
JUSTIFICATION/COMMENTS
6835
Coccidioidomycosis- Lungs
30%
Final Decision - Coccidiomycosis:  Is a fungal infection caused by inhalation of spores from desert soil.  Coccidioides 


species are endemic to certain lower deserts of the western hemisphere of the U. S.  Primary infection ranges from acute pneumonia (valley fever) to disseminated disease.  Most people with acute primary coccidiomycosis have no symptoms.  If symptoms develop, they appear 1 to 3 weeks after they are infected.  Symptoms are usually mild and often flu-like.  They include a cough, fever, chills, chest pain, and sometimes shortness of breath.  The cough may produce sputum and occasionally blood.  Some people develop desert rheumatism, which includes inflammation of the surface of the eye (conjunctivitis) and joints (arthritis) and formation of skin nodules (erythema nodosum).  These effects, which can be painful, are allergic reactions to the fungus and usually imply that people are fighting off the fungus effectively.  Although your condition is service-connected, your claim is silent for any combat-related activity to link this disability.  Therefore, this disability is not awardable under the CRSC program guidelines.
* VASRD: VA Schedule for Rating Disabilities


11.  The Under Secretary of Defense for Military Personnel Policy provided policy guidance on the processing of CRSC appeals.  The guidance 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.

12.  CRSC, as established by Title 10, U.S. Code, section 1413a, as amended, provides for the payment of the amount of money a military retiree would receive from the VA for combat-related disabilities if it weren't for the statutory prohibition for a military retiree to receive a VA disability pension.

	a.  Payment is made by the Military Department, not the VA, and is tax-free.

	b.  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, especially hazardous military duty, training exercises that simulate war, or caused by an instrumentality of war.

	c.  Qualified disabilities must be compensated by the VA and rated at least 10-percent disabling.

	d.  For periods before 1 January 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, especially hazardous duty, training exercises that simulate war, or caused by an instrumentality of war.

	e.  Military retirees who are approved for CRSC must have waived a portion of their military retired pay because CRSC requires the Military Department to return to the military retiree a portion of the waived retired pay.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show he is eligible for CRSC based on his contracting coccidiomycosis during combat simulation training.

2.  The available evidence clearly shows that the applicant was hospitalized due to coccidiomycosis.



3.  CRSC criteria are specifically for those military retirees who have combat- related disabilities.  Incurring disabilities in connection with military service is not sufficient to grant a military retiree CRSC.  The military retiree must show that the disability was incurred while engaged in combat, while performing duties simulating combat conditions, or while performing especially hazardous duties such as parachuting or scuba diving.  Simply undergoing combat training in a desert area known for having Valley Fever does not sufficiently show he acquired his medical condition as a result of such training.

4.  In view of the above, the applicant's request should be denied.

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)                                         AR20110006191



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ABCMR Record of Proceedings (cont)                                         AR20110006191



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