IN THE CASE OF:	  

		BOARD DATE:	  1 May 2012

		DOCKET NUMBER:  AR20110021353 


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 that his Irritable Bowel Syndrome (IBS) be deemed  combat-incurred for the purpose of Combat-Related Special Compensation (CRSC).  

2.  The applicant states that he is a retired Vietnam Veteran who was awarded the Purple Heart and the Air Medal with “V” Device in Vietnam and he served as a crew chief and door gunner on a UH-1C gunship.  He continues by stating that he was awarded a 10% disability rating for hearing, 30% for post-traumatic stress disorder (PTSD), and 30% for IBS.  He also states that he has had PTSD and IBS for many years but did not seek medical attention because it would affect his military career and post-military career as a peace officer.  He continues by stating that the doctors have determined that his IBS symptoms are at least as likely as not caused or aggravated by his service-connected PTSD related to his service in Vietnam.

3.  The applicant provides a continuation page to his application explaining his request and an index page listing his enclosures. 

CONSIDERATION OF EVIDENCE:

1.  The applicant was inducted on 12 February 1969 and on 18 February 1969 he enlisted in the Regular Army.  He completed his training as a helicopter repairman and was transferred to Vietnam on 13 April 1970. 

2.  He completed his tour in Vietnam on 23 March 1971 and was awarded the Purple Heart and the Air Medal with “V” Device and one oak leaf cluster.  He remained on active duty through a series of continuous reenlistments and was promoted to the pay grade of E-7 on 1 May 1979.

3.  On 15 March 1981 he was honorably released from active duty (REFRAD) due to completion of required service.  He had served 12 years, 1 month, and     4 days of active service.  

4.  On 16 March 1981 he enlisted in the U.S. Naval Reserve (USNR) and served in the USNR until 2 April 1981.

5.  On 21 October 1981 he enlisted in the Georgia Army National Guard (GAARNG) and on 28 December 1981 he entered active duty in the Active Guard Reserve (AGR) Program where he served until he was honorably retired on 28 February 1990 and was transferred to the Retired List in the pay grade of E-8 on 1 March 1990.  He had served 20 years, 3 months, and 12 days of active service.

6.  On 16 March 2004 the Department of Veterans Affairs (VA) awarded the applicant service-connection for Tinnitus (10%), hearing loss – right ear, and Duodenal Ulcer.  The VA denied service-connection for back condition, Pterygium of both eyes, IBS, Basal Cell carcinoma secondary to herbicide exposure, and PTSD.

7.  On 26 July 2006 the U.S. Army Human Resources Command (HRC) granted him CRSC (10%) for Tinnitus and 0% for impaired hearing. 

8.  On 9 August 2007 the VA granted him a 10% service-connected disability rating for PTSD.

9.   On 27 August 2007 HRC granted him CRSC (10%) for PTSD for a total of 20% combat-related disability.  HRC reconsidered his request on 1 October 2007 and his ratings remained the same.

10.  On 29 December 2010 the VA increased his service-connected disability for PTSD to 30%.

11.  On 25 February 2011 HRC granted him CRSC (30%) for PTSD for a total of 40% combat-related disability.  

12.  On 23 March 2011 the VA granted him a 30% service-connected disability rating for IBS.
13.  On 18 May 2011 HRC denied his request for CRSC for IBS because of insufficient evidence to show that a combat-related event caused his condition.

14.  On 15 June 2011 HRC again denied his request for CRSC for IBS because of insufficient evidence to show that a combat-related event caused his condition.

15.  On 3 August 2011 HRC again reviewed his claim and made a final disapproval of his request for CRSC for IBS.

16.  A review of the available records as well as the documents submitted by the applicant reveals no additional documents or evidence that has not been previously considered by either the VA or HRC.

17.  The Under Secretary of Defense for Military Personnel Policy has 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.

18.  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 VA 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 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.

2.  The applicant's contention that his medical condition (IBS) was sustained while participating in combat operations has been carefully considered.  However, without evidence to establish a direct, causal relationship to the applicant’s disability to war, there is an insufficient basis in which to grant his request.  By the applicant’s own admission, he did not seek treatment for that condition and therefore it is difficult at best to determine when the condition occurred, especially given the passage of 40+ years since he served in Vietnam.

3.  The fact that the VA has awarded him service connection for IBS does not in itself establish that it is combat related.

4.  Therefore, in the absence of evidence to support his claim that his condition is combat related, there is an insufficient evidentiary basis for granting the applicant’s requested relief.

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)                                         AR20110021353





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ABCMR Record of Proceedings (cont)                                         AR20110021353



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