IN THE CASE OF:
BOARD DATE: 9 October 2012
DOCKET NUMBER: AR20120007466
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, in effect, reversal of the decision to deny him combat-related special compensation (CRSC).
2. The applicant states his ears were injured in the Republic of Vietnam. He was required to wear headsets and listen to constant noise while copying the desired signals. He was exposed to this noise six to twelve hours a day, six to seven days a week while in base camp. He further states he was transported numerous times by helicopter without ear protection and he was deployed near artillery placements on several occasions. He feels that his continuous exposure to loud noises has caused the tinnitus and loss of hearing he now suffers with.
3. The applicant provides:
* CRSC denial letter from the U.S. Army Human Resources Command, Fort Knox, KY (HRC-KNX), dated 13 March 2012
* letters from two medical doctors
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 3 May 1962 and he held military occupational specialty 05H (Morse Interceptor).
2. He served through multiple reenlistments in a variety of stateside and overseas assignments, including Japan, from 26 February 1963 to 8 April 1965; Vietnam, 19 August 1965 to 18 August 1966; and Thailand, 20 December 1967 to 24 December 1969. He attained the rank/grade of first sergeant (1SG)/E-8.
3. He ultimately retired on 30 November 1982 and he was placed on the retired list in his retired rank/grade of 1SG/E-8 on 1 December 1982. He completed over 20 years of creditable active service.
4. His complete service and/or medical records are not available for review with this case; however, he provides a letter, dated 13 March 2012, from HRC-KNX denying his CRSC claim for tinnitus by reason of no official evidence indicating exposure to weapons, explosions, tanks, or aircraft in his claim.
5. CRSC, as established by section 1413a, Title 10, U.S. Code, as amended, provides for the payment of the amount of money a military retiree would receive from the Department of Veterans Affairs (VA) for combat related disabilities if it wasnt for the statutory prohibition for a military retiree to receive a VA disability pension. Payment is made by the Military Department, not the VA, and is tax free. 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, especially 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.
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 especially hazardous duties such as parachuting or scuba diving.
2. The applicant has submitted evidence to show that his tinnitus and hearing loss are service related and work related but he has not submitted any evidence which would show that these conditions are combat related.
3. Without evidence to establish a direct, causal relationship to the applicants VA 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) AR20120007466
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