IN THE CASE OF:
BOARD DATE: 15 March 2012
DOCKET NUMBER: AR20110017982
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 he be granted Combat-Related Special Compensation (CRSC).
2. The applicant states:
* He disagrees with the CRSC denial
* His injury was directly caused by duty under conditions simulating war
* He was on a field training exercise when the injury occurred
* These injuries should qualify under conditions simulating war
3. The applicant provides the CRSC denial letter, dated 5 August 2011.
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 applicants 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 applicants 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 2 June 1969. He served as a field wireman in Germany from 20 June 1970 to 1 October 1971.
3. A DA Form 2173 (Statement of Medical Examination and Duty Status), dated 26 March 1971, states the applicant was hospitalized on 23 March 1971 in Germany for electrical burns. This form states:
* He was accidentally injured when he was laying telephone line in a barracks in Germany
* He reached out and came in contact with a charged wire
4. His Medical Board proceedings indicate his right thumb and right index finger were amputated due to electrical burn injuries on 23 March 1971 in Germany when he came in contact with a high voltage wire.
5. He was permanently retired on 1 May 1972 by reason of physical disability.
6. On an unknown date, the Department of Veterans Affairs (DVA) granted service-connected disability compensation for:
* Amputation to middle third proximal phalanx, right thumb (50 percent)
* Amputation site, right thumb (10 percent)
7. On 5 August 2011, the U.S. Army Human Resources Command/CRSC, disapproved the applicant's request for reconsideration for CRSC. He was advised his next recourse was to apply to this Board.
8. CRSC, as established by Section 1413a, Title 10, United States Code, as amended, states that 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, specialty hazardous military duty, training exercises that simulate war, or caused by an instrumentality of war. Such disabilities must be compensated by the VA and rated at least 10% disabling. 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% disabled or who are rated at least 60% disabled as a direct result of armed conflict, specialty hazardous duty, training exercises that simulate war, or caused by an instrumentality of war. CRSC benefits are equal to the amount of VA disability compensation offset from retired pay based on those disabilities determined to be combat-related.
DISCUSSION AND CONCLUSIONS:
1. The CRSC criteria is 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.
2. The applicant contends he was on a field training exercise and his injuries (amputated right thumb and right index finger) should qualify under conditions simulating war. However, medical evidence shows his thumb and finger were amputated due to electrical burn injuries incurred in Germany when he was laying telephone line in a barracks in Germany and he came in contact with a high voltage wire.
3. 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.
4. Without evidence to establish a direct, causal relationship to his DVA rated disabilities to war or the simulation of war, there is insufficient basis in which to grant his request.
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) AR20110017982
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ABCMR Record of Proceedings (cont) AR20110017982
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