IN THE CASE OF:	  

		BOARD DATE:	  24 January 2012

		DOCKET NUMBER:  AR20110011697 


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 granting of Combat-Related Special Compensation (CRSC) for the disabilities for which the Department of Veterans Affairs (DVA) is granting him disability compensation.

2.  The applicant states, in effect, he has repeatedly been denied CRSC for the disabilities the DVA is granting him disability compensation for; however, he incurred those disabilities over a period of 23 years of service performing jobs for simulated and real-world missions that can have an effect on the body.  He further states that every training exercise and deployment he participated in was in preparation for war and the training and duty stations in which he was assigned should validate his claim.

3.  The applicant provides a one-page letter explaining his application, a copy of his CRSC denial letter, and a copy of his individual jump record.

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 enlisted in the Regular Army on 17 November 1982 for a period of 4 years, training as an infantryman, assignment to the Berlin Brigade, and a $5,000.00 enlistment bonus.  He completed his training and he was transferred to Germany.

3.  He was promoted to the rank/grade of sergeant (SGT)/E-5 on 3 April 1986 and he was awarded the Parachutist Badge on 2 May 1986.  On 3 June 1986, he was awarded the Air Assault Badge and he was assigned to Fort Campbell, KY.  He was promoted to staff sergeant (SSG)/E-6 on 1 November 1988.

4.  In June 1990, he completed Drill Sergeant School and he was assigned to Fort Jackson, SC.  He completed his tour as a drill sergeant.  He then completed Pathfinder School on 11 September 1992 and he was assigned to a Parachute Infantry Regiment at Fort Bragg, NC.  He deployed to Panama from
20 December 1994 to 10 February 1995.  He was promoted to sergeant first class (SFC)/E-7 on 1 September 1995.

5.  He was promoted to master sergeant (MSG)/E-8 on 1 August 2003 and he served as a Reserve unit trainer in Florida, and as a chief instructor and writer at Fort Benning, GA.  His last assignment was as a military science instructor in a Reserve Officers' Training Corps unit in South Carolina.

6.  On 31 August 2006, he was retired and he was transferred to the Retired List effective 1 September 2006.  He completed 23 years, 9 months, and 14 days of creditable active service.  He had also served 3 years, 1 month, and 24 days of foreign service.

7.  On 21 December 2006, the DVA granted the applicant a combined disability rating of 40 percent (%) for:

* Degenerative joint disease left knee
* Degenerative joint disease cervical spine C5-6
* Degenerative disc disease lumbar spine
* Cold injury right upper extremity
* Cold injury left upper extremity


8.  A review of his evaluation reports contained in his Official Military Personnel File (OMPF) shows he received a score of 294 on his last Army Physical Fitness Test (APFT) and his scores throughout his career were never less than 290.  He was also a master fitness trainer and he received several Physical Fitness Badges.  There is no evidence that shows any of the disabilities claimed had an effect on his performance during his career or that any of his disabilities were combat-related.

9.  On 19 October 2007, the Human Resources Command – Alexandria
(HRC-ALEX) denied the applicant’s request for CRSC due to lack of evidence showing his disabilities were combat-related.

10.  On 16 September 2010 and 16 March 2011, HRC-ALEX again denied the applicant's claim for CRSC because his disabilities did not meet Department of Defense guidelines.  He was advised to apply to this Board.

11.  The Under Secretary of Defense for Military Personnel Policy provided policy guidance on the processing of CRSC appeals.  In that guidance it was stated 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.  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 CRSC criteria are specifically for those military retirees who have combat-related disabilities.  Incurring disabilities while in a theater of operations or in training exercises is not, in and of itself, sufficient to grant a military retiree CRSC.  In order to qualify for CRSC, the military retiree must show 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.


2.  The applicant's contention that his conditions should be deemed as combat-related so as to qualify for CRSC has been carefully considered.  However, the evidence fails to show he experienced any limitations and he has not suggested any that may have existed.  There is no visible evidence in the available records to show his injury was the result of simulation of war or combat-related action.  Without evidence to establish a direct, causal relationship to the applicant’s disability to war or the simulation of war, there is insufficient basis in which to grant his request.

3.  In view of the foregoing and in the absence of evidence to show that his injury was the result of simulation of war or combat-related action, there is an insufficient evidentiary basis for granting his requested relief.

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)                                         AR20110011697



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110011697



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1