BOARD DATE:	  21 May 2013

		DOCKET NUMBER:  AR20120019566 


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 correction of his military records to show his injuries were combat-related.

2.  The applicant states he has applied three times for Combat-Related Special Compensation (CRSC) and has been denied.  He argues that he has provided documents showing his injuries were combat-related.

3.  The applicant provides copies of:

* Letter from U.S. Army Human Resources Command (HRC), dated 26 July 2012
* Orders 300-0116, Fort Hood, TX, dated 27 October 2011
* DA Form 199 (Physical Evaluation Board (PEB) Proceedings), dated        8 November 2011
* Medical records (approximately 75 pages)

CONSIDERATION OF EVIDENCE:

1.  At the time of his application, the applicant was retired from the Regular Army in the rank/pay grade of staff sergeant/E-6 due to temporary physical disabilities.  He had completed 11 years, 1 month, and 11 days of creditable active duty service.

2.  On 29 March 2011, the applicant underwent a psychiatry medical evaluation board (MEB) wherein he reported his vehicle was hit by an improvised explosive device (IED) in 2006.  He was ejected from the vehicle and was unconscious for a few minutes.  His foot and ankle were injured.  In 2006 he was shot in the chest while clearing a house.  He sustained bruising but the bullet did not penetrate his vest.  In 2006 he was exposed to a nearby explosion and was knocked unconscious for a few minutes.  He was subsequently diagnosed with mild traumatic brain injury (TBI) and post-concussive syndrome in 2010.  His service medical records are not available.

3.  A DA Form 199, dated 8 November 2011, shows that the applicant's physical disabilities, as described below, were considered and determined to have been incurred during combat in Iraq.

VASRD*
DESCRIPTION
PERCENTAGE
JUSTIFICATION/COMMENTS
9411
Post-traumatic stress disorder (PTSD).  Deployed to Iraq 2005-2006 and 2007-2008.  Symptoms attributed to combat stressors encountered in Iraq.  Has depressed mood, anxiety, suspiciousness, panic attacks, chronic sleep impairment and mild memory loss.  Has intermittent periods of inability to perform military occupational specialty (MOS) tasks.
50
Condition is unfitting because his chronic sleep impairment and mild memory loss affect his ability to reliably perform his military duties or to lead Soldiers effectively.
5283
Left tarsal coalition.  This is a congenital condition which became symptomatic in 2003 when he suffered an inversion injury at Fort Carson, CO.  He subsequently hit his foot on a turret when his vehicle was hit by an improvised explosive device in Iraq in 2005.  In 2009, status post fusion in 2006, he was reclassified out of his combat MOS.  He continued to have duty limiting pain and underwent an arthrodesis in 2010 which failed to relieve his pain.
20
Condition is unfitting because he is unable to tolerate the rigors of military training and operations.
*VASRD:  VA Schedule for Rating Disabilities

4.  Orders 300-0116, Fort Hood, TX, dated 27 October 2011, released the applicant from assignment and duty because of a physical disability incurred while entitled to basic pay.  These orders further state his disability resulted from a combat-related injury as defined in Title 26, U.S. Code, section 104.

5.  In a CRSC decision letter, dated 2 April 2012, HRC denied the applicant CRSC.  The letter states HRC was unable to verify that his disabilities were combat-related.  The letter informed the applicant that law and Department of Defense guidance requires investigation of how an injury took place by verifying medical and or personnel records.


VASRD
DESCRIPTION
PERCENTAGE
JUSTIFICATION/COMMENTS
5283
Tarsal Coalition Left Foot/ankle (5271-5283)
20
No evidence in claim to show that a combat-related event caused condition.
5237
Lumbar Strain
10
No evidence in claim to show that a combat-related event caused condition.
8100
Headache Syndrome (8199-8100)
0
No evidence in claim to show that a combat-related event caused condition
9411
PTSD
50
No evidence in claim to show that a combat-related event caused condition
6.  In a CRSC decision letter, dated 7 May 2012, HRC again denied the applicant CRSC.  This letter states HRC was unable to verify that his disabilities were combat-related.  The letter informed the applicant that his documentation did not provide a linkage between his conditions and a specific combat-related event.

VASRD
DESCRIPTION
PERCENTAGE
JUSTIFICATION/COMMENTS
5283
Tarsal Coalition Left Foot/ankle (5271-5283)
20
Previously requested: No new evidence provided to show combat-related event caused condition.
5237
Lumbar Strain
10
Previously requested: No new evidence provided to show combat-related event caused condition.
8100
Headache Syndrome (8199-8100)
0
Previously requested: No new evidence provided to show combat-related event caused condition.
9411
PTSD
50
Previously requested: No new evidence provided to show combat-related event caused condition.
7.  In a CRSC decision letter, dated 26 July 2012, HRC rendered a final denial of the applicant's request for CRSC.  This letter states HRC was unable to verify that his disabilities were combat-related.  The letter informed the applicant that his documentation did not provide a linkage between his conditions and a combat-related event.

VASRD
DESCRIPTION
PERCENTAGE
JUSTIFICATION/COMMENTS
5283
Tarsal Coalition Left Foot/ankle (5271-5283)
20
Final disapproval - Previously requested: No new evidence provided to show combat-related event caused condition.
5237
Lumbar Strain
5237
Final disapproval - Previously requested: No new evidence provided to show combat-related event caused condition.
8100
Headache Syndrome (8199-8100)
8100
Final disapproval - Previously requested: No new evidence provided to show combat-related event caused condition.
9411
PTSD
9411
Final disapproval - Previously requested: No new evidence provided to show combat-related event caused condition.
8.  The applicant's service medical records are not available for review.

9.  CRSC, as established by Title 10, U.S. Code, section 1413a, as amended, provides for the payment of the amount of money a military retiree would receive from the VA for combat-related disabilities if it weren't for the statutory prohibition for a military retiree to receive a VA disability pension.

a. Payment is made by the Military Department, not the VA, and is tax free.

	b.  Eligible members are those retirees who are entitled to retired pay (other than by reason of section 12731b of this title and have a combat-related disability that is the direct result of armed conflict, especially hazardous military duty, training exercises that simulate war, or caused by an instrumentality of war.

	c.  Qualified disabilities must be compensated by the VA and rated at least 10-percent disabling.

	d.  Military retirees who are approved for CRSC must have waived a portion of their military retired pay because CRSC requires the Military Department to return to the military retiree a portion of the waived retired pay.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show his injuries were combat-related and qualifies for CRSC.

2.  The available evidence clearly shows that the applicant had applied three times to HRC for CRSC.  All three times he was denied on the basis that the evidence he provided was not sufficient to show his injuries were the result of a combat-related event.

3.  The applicant has not provided documentary evidence that clearly links specific combat event(s) to the conditions claimed in CRSC application.  His service medical records were not made available for review.  The evidence of his IED incidents and resulting unconscious periods and being shot in the chest appears to have been based on the applicant's own reporting at his MEB.

4.  In view of the above, the applicant's request should be denied.

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)                                         AR20120019566





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ABCMR Record of Proceedings (cont)                                         AR20120019566



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