IN THE CASE OF:	  

		BOARD DATE:	  12 January 2012

		DOCKET NUMBER:  AR20110011027 


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 record to show entitlement to Combat-Related Special Compensation (CRSC).

2.  The applicant states he sustained his injuries during Combat Lane Training in preparation for deployment to Iraq.

3.  The applicant provides copies of his CRSC denial letter, photos of the training center, line of duty (LOD) report to include sworn statements, and 90 pages of medical records.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant, a National Guard master sergeant, was called to active duty in support of Operation Iraqi Freedom on 19 April 2006.  He served in Iraq from 19 July through 2 December 2006.

3.  The LOD the applicant provided, dated 15 June 2006, shows that on 1 June 2006 during predeployment training at Fort Shelby, Mississippi, the applicant accidentally fell while in full combat gear and sustained injuries to his lip, loosened a front tooth, and complained of lower back pain.  

4.  The applicant and a witness provided sworn statements in support of the LOD in which they both indicate that while returning to the class area [called the "tent"] the applicant tripped over a tree root and fell sustaining a split lip, loosened his front tooth, and later the same day complained of low back pain. 

5.  While serving in Iraq the applicant developed a hemangioma [a fast growing benign tumor] on his skull that interfered with the wear of his helmet and required surgical removal.

6.  The applicant was medically retired on 27 September 2008.  He is shown to be in receipt of Department of Veterans Affairs (VA) disability evaluations for the following conditions: 

* status-post left frontal cranial hemangioma with loss of bony substance - 50 percent
* multiple scars with deformity of the left frontal bone - 50 percent
* headaches - 30 percent
* lumbar spine degenerative disc and joint disease - 20 percent
* radiculopathy [caused by an inflamed, pinched, or ineffectively working nerve] of left leg associated with lumbar spine degenerative disc and joint disease - 10 percent 
* scar, status post surgery right ring finger (major hand) - 10 percent
* status post repair comminuted fracture of the right fourth finger (major hand) with traumatic degenerative joint disease - 10 percent

7.  In April 2010, the applicant applied for CRSC.  On 6 May 2010, the Army Human Resources Command (AHRC), CRSC Branch requested additional information and evidence to support his application.  The applicant's request was denied because he had not shown his injuries were incurred as a result of a combat injury or an injury occurring during simulated combat.

8.  On 7 February 2011, the applicant submitted additional documentation clarifying information and photos of the training site.  

9.  On 17 March 2011, the AHRC CRSC Branch notified the applicant that the additional submissions failed to provide sufficient evidence to grant him entitlement to CRSC. 

10.  A lane training exercise (LTX) is defined as a process for training small groups, elements, or staffs of any organization in collective tasks (and prerequisite Soldier and leader individual tasks and battle drills) supporting a unit's Mission Essential Task List.  It is a process that consists of planning, execution, and assessment phases.  The execution phase is a battle-focused LTX.  The process consists of planning, execution, and assessment phases.  A lane is designed to create the situation or conditions required for lane execution.  An LTX can include one or more lanes with each lane being used to train the same primary task.  Ideally, different lanes are used for rehearsals, lane execution, and retraining on the same primary task.  It has no free play and its primary purpose is training, especially the development of task proficiency.

11.  Combat-Related Special Compensation provides military retirees a monthly compensation that replaces their VA disability offset. The 2008 National Defense Authorization Act expanded CRSC eligibility to include Chapter 61 medical retirees with a 30 percent or greater disability rating.  To qualify military retirees must be an active duty or Reserve retiree with 20 or more years of creditable service or be a Title 10 USC Chapter 61 medical retiree; be receiving military retired pay; have a 10 percent or greater VA rating for a combat-related injury; and have their military retired pay reduced by receipt of or entitlement to VA disability payments.  For the purpose of this section combat-related includes an injury that was a result of one of the following:

* Training that simulates war (e.g., exercises, field training) 
* Hazardous duty (e.g., flight, diving, parachute duty) 
* An instrumentality of war (e.g., combat vehicles, weapons, Agent Orange) 
* Armed conflict (e.g., gunshot wounds [Purple Heart], punji stick injuries)

12.  The term "in the performance of duty under conditions simulating war" is defined as resulting from military training, such as war games, practice alerts, tactical exercises, airborne operations, leadership reaction courses, grenade and live fire weapons practice, bayonet training, hand-to-hand combat training, rappelling and negotiation of combat confidence and obstacle courses.  It does not include physical training activities such as calisthenics and jogging or formation running and supervised sport activities. 




DISCUSSION AND CONCLUSIONS:

1.  While the applicant's medical records are informative as to the nature and severity of his injuries they do not contain any clarifying information as to what activity the applicant was engaged in at the time of the incident that supports award of CRSC.

2.  In a sworn statement provided in support of his LOD investigation the applicant indicated that he was returning to the training class area (an exercise area) when he tripped over a tree root and fell.  This incident was seen and reported by a fellow Soldier who described the incident in the same way.  

3.  An injury sustained during a combat training period is not the same as an injury sustained during a combat simulation exercise.  While the applicant was in the training lanes exercise area, he was not participating in a combat simulation at the time his injuries.  By his own statement he was walking/returning to the training area when he tripped and fell.

4.  The applicant has not provided any evidence and the records do not contain any evidence to show that any of his VA rated disabilities were the result of training that simulated war, hazardous duty, an instrumentality of war, or armed conflict.  Therefore, entitlement to CRSC has not been established. 

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)                                         AR20110011027



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ABCMR Record of Proceedings (cont)                                         AR20110011027



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