IN THE CASE OF:	  

		BOARD DATE:	  8 October 2013

		DOCKET NUMBER:  AR20130001659 


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, to be granted combat-related special compensation (CRSC) for lumbar strain and Post-Traumatic Stress Disorder (PTSD).

2.  The applicant states:

* he wants his service and service-related injuries to accurately reflect his service during Vietnam and the Gulf War
* Department of Veterans Affairs (VA) records reflect his service and injuries were Vietnam era and not Vietnam War related
* he discovered the error while attempting to apply for CRSC

3.  The applicant provides:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* VA documentation
* CRSC denial letters
* Bronze Star Medal orders and award certificate 





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 applicant's 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 applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant was born on 3 August 1949.  He enlisted in the Regular Army on 10 February 1969.  He served as a vehicle mechanic in Vietnam from 
31 October 1969 to 30 October 1970.  On 10 December 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR).   

3.  He was ordered to active duty from the USAR in support of Operation Desert Shield/Desert Storm on 20 September 1990.  He served in Southwest Asia from 4 November 1990 to 22 July 1991.  On 30 August 1991, he was released from active duty.  

4.  He received his notification of eligibility for retired pay at age 60 (20-year letter) on 31 August 1992.

5.  He was honorably discharged from the USAR on 1 January 1993.

6.  He provides VA documentation, dated March 2004, which shows he was granted the following service-connected disability compensation for PTSD:

* 30% from 21 June 2001
* 50% from 27 March 2002
* 100% from 6 February 2003

7.  He provides VA documentation, dated September 2008, which states his PTSD was service-connected, Vietnam era incurred.  The following conditions were service-connected, Gulf War incurred:

* lumbar strain
* chronic fatigue syndrome
* nasal pinguecula
* ventral hernia
* folliculitis of the waist

8.  He was placed on the retired list on 3 August 2009 in the rank of sergeant first class.

9.  On 3 June 2011 and 30 June 2011, the U.S. Army Human Resources Command, CRSC Branch approved his claims for CRSC for chronic fatigue syndrome (10% - combat-related (Gulf War presumptive)).  That office was unable to verify the following conditions as combat-related disabilities:

* lumbar strain
* PTSD

10.  A letter, dated 19 August 2011, from the U.S. Army Human Resources Command, CRSC Branch states:

* after reviewing all documentation in support of his claim, that office is unable to overturn the previous adjudications
* the documentation submitted still does not meet the criteria for CRSC under current program guidance
* this disapproval is considered final
* he may appeal to this Board

11.  CRSC, as established by Title 10, U.S. Code, section 1413a, 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, 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-percent disabling.  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.  It appears the applicant disagrees with the CSRC determination that his lumbar strain and PTSD were not combat-related.




2.  CRSC 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 CRSC to a military retiree.  The military retiree must show the disability was incurred while engaged in combat, while performing duties simulating combat conditions, or while performing specialty hazardous duties.

3.  The applicant has submitted evidence to show that his lumbar strain and PTSD were service-related.  However, he has not submitted any evidence which would show that these conditions are combat-related.  The fact that he was in a theater of operations is insufficient, in and of itself, to warrant approval of CRSC.

4.  CRSC determinations require evidence of a direct, causal relationship to the military retiree’s VA rated disabilities to war or the simulation of war.

5.  Without evidence to establish a direct, causal relationship to the applicant's VA rated disabilities to war or the simulation of war, there is an insufficient basis on 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)                                         AR20130001659



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ABCMR Record of Proceedings (cont)                                         AR20130001659



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