IN THE CASE OF:	  

		BOARD DATE:	  22 February 2012

		DOCKET NUMBER:  AR20110015141 


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 the diagnosis of “congenital fusion of lunate and triquetrum bilaterally” of both of his wrist be removed from his record.  He also requests, in effect, award of Combat-Related Special Compensation (CRSC) for his left and right wrists for which he was previously denied.

2.  He states:

* he has no past history of such a diagnosis in his civilian or military medical records
* he sent notice of the dates of this so called “congenital fusion” was diagnosed
* it was not until the 1990s that he noticed he had a problem with both his wrists
* he sent in affidavits signed by his parents 

3.  He provides:

* his DD Form 214 (Certificate of Release or Discharge from Active Duty)
* a CRSC denial letter from the U.S. Army Human Resources Command, Fort Knox, KY
* a letter to the CRSC, dated 6 June 2011
* two DA Forms 5181-R (Screening Note of Acute Medical Care)
* three SF 600s (Chronological Record of Medical Care)
* four pages of the automated version of SF 600
* a Progress Note
* two Radiology Diagnostic Reports
* a memorandum from the Family Medicine Center
* a self-authored statement
* a letter from his physician
* three personal supporting statements

CONSIDERATION OF EVIDENCE:

1.  The applicant is a retired Regular Army staff sergeant (SSG) who enlisted in the Regular Army on 15 January 1980.

2.  He was honorably retired on 30 April 2000 and placed on the Retired List in the rank/grade of SSG/E-6 on 1 January 2000 after completing 20 years, 3 months, and 16 days of active service.  

3.  He submitted:

   a.  two DA Forms 5181-R which show he was seen on 28 and 29 April 1987 for head trauma resulting from a 5-Ton truck hood falling on his head.  He was diagnosed with minimal trauma, X-rayed, and returned to duty.

   b.  three SF 600s (two were undated) which show he was seen for hand and wrist pain on 8 December 1999.  He was diagnosed with bilateral fusions of carpal bones.
   
   c.  four automated versions of SF 600, dating from December 1998 through 28 June 1999, which show he was seen for wrist pain and diagnosed with an abnormal fusion between the luntae and triquetrum bones.

	d.  a progress note, dated 16 August 2001, which shows he requested some support braces for his wrists as the result of arthritis and fusion in both wrists because the twisting motion of turning wrenches and lifting heavy objects aggravated his condition.

   e.  two pages of Radiology Diagnostic Reports, dated 3 April 2003, which show for his:

   (1)  right wrist, intact osseous structures.  No fractures, dislocations,
degenerative disease or destructive lesions, and no metallic foreign bodies; and
   
   (2) left wrist, the styloid process of the ulna is absent – a variant.  No 
other abnormality is noted and for both is left and no fractures, dislocations, degenerative disease or destructive lesions, and no metallic foreign bodies.
   f.  a letter from his physician at the Family Center, Augusta, GA, dated 
10 September 2008, who states in her opinion the instability in the applicant’s wrists occurred and was aggravated by the simulating war exercises performed over his 20 years of service.

4.  On 17 May 2011, the CRSC Branch determined the applicant's left and right wrists congenital fusion luntae and triquetrum were not combat-related and denied his request for CRSC for the final time.

5.  He submitted a letter to the CRSC, dated 6 June 2011, in which he requested reconsideration of the decision denying service-connection for his left and right wrists.

6.  His record does not contain any evidence and he has not provided any evidence showing his medical conditions were the result of combat or the simulation of war.

7.  He submitted three personal supporting statements from his spouse and parents who state he:

* did not complain about wrist pain until 1992  
* was diagnosed with an unusual anomaly consisting of fusion of each lunate and triangular of each hand; and 
* has is no prior medical history that showed he had a birth defect or congenital condition

8.  CRSC, as established by Title 10, U.S. Code, section 1413a, as amended, states that eligible members are retired veterans with combat-related injuries who meet all of the following criteria:

* Active, Reserve or National Guard with 20 years of creditable service, or permanent medical retiree, or Temporary Early Retirement Authority retiree
* receiving military retired pay
* have 10 percent or greater Department of Veteran Affairs (VA) rated injury
* military retired pay is reduced by VA disability payments (VA Waiver)



and who are able to provide documentary evidence that their injury 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)

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

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.  The military retiree must show that the disability was incurred while engaged in combat, while performing duties simulating combat conditions, or while performing specialty hazardous duties such as parachuting or scuba diving.

2.  The available medical records show he was diagnosed with an abnormal fusion between the luntae and triquetrum bones and wrist pain.  As such, it would be inappropriate to change an Army medical record without clear and convincing evidence that an erroneous entry was made.

3.  The applicant contends he sustained a combat-related injury due to his duties as a heavy/light wheeled and track mechanic.  Notwithstanding his contention, there is no evidence in the available record and he has not provided sufficient evidence which shows a medical condition was sustained during combat action or simulation of war.  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.  The applicant failed to provide documentation to show he meets this requirement.

4.  Without evidence to establish a direct, causal relationship to the applicant’s disabilities to war or the simulation of war, there is an insufficient evidentiary basis to warrant relief in this case.


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 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)                                         AR20110015141



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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