BOARD DATE:	  7 November 2013

		DOCKET NUMBER:  AR20130004618 


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 Combat-Related Special Compensation (CRSC).

2.  The applicant states that he has been diagnosed with post-traumatic stress disorder (PTSD) stemming from his military combat service during Operation Desert Shield/Desert Storm (ODS) in 1991.

   a.  He receives treatment at the Department of Veterans Affairs (VA) that includes attending meetings and counseling three days a week.

   b.  He states that his previous requests for CRSC to the U.S. Army Human Resources Command (HRC), Fort Knox, KY have been denied.

3.  The applicant provides copies of his approved retirement, five VA medical records, three VA letters, and HRC's denial of his CRSC claim.

CONSIDERATION OF EVIDENCE:

1.  The applicant was inducted on 2 October 1972.  He was awarded military occupational specialty 94B (Cook).  He was honorably released from active duty (REFRAD) on 1 October 1974 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.

2.  He enlisted in the Army National Guard of the United States and New York Army National Guard (NYARNG) on 5 March 1976.
3.  He was ordered to active duty on 21 November 1990 in support of ODS and served in Southwest Asia (SWA) from 11 January 1991 to 11 June 1991.  He was honorably REFRAD on 7 July 1991 and transferred to his NYARNG unit.

4.  The applicant was honorably discharged from the NYARNG on 4 May 1996 and assigned to the U.S. Army Reserve Control Group (Retired Reserve).

5.  He was placed on the Retired List, in the rank of staff sergeant/pay grade E-6, effective 29 May 2012.

6.  Effective 9 March 2007, the VA granted the applicant service connection with a combined rating of 50% for:

* arthritis of right wrist, post-operative residuals
* PTSD

7.  On 20 February 2012, the applicant submitted a claim for CRSC based on the following:

   a.  On 8 March 1991, while transporting Soldiers in a vehicle, he put on the brakes and an unsecured spare tire rolled to the front of the vehicle and hit his right wrist.

   b.  On an unspecified dated, his first sergeant (1SG) was killed in an accident, the applicant rolled the 1SG's body over and saw his face covered with blood, and the applicant continues to have nightmares of the incident.

8.  On 6 March 2012, the HRC CRSC Branch denied the applicant's claim for CRSC because he was not in a retired status.

9.  The applicant resubmitted his claim for CRSC.  On 26 July 2012, the HRC CRSC Branch determined that the applicant's wrist injury is not considered a combat-related event because the injury must be linked to a combat-related event.  In addition, the applicant was informed that he provided no new evidence to show a combat-related event caused his PTSD.  He was advised that being in a combat zone is not, in and of itself, sufficient to award CRSC.

10.  The applicant submitted a request for reconsideration of his claim for CRSC. On 16 January 2013, the HRC CRSC Branch informed the applicant that, after reviewing all documentation in support of his claim, they were unable to overturn the previous adjudications because the documentation submitted still shows no new evidence to link his requested conditions to a combat-related event.

11.  On 4 February 2013, the HRC CRSC Branch notified the applicant that a final CRSC determination was made on 16 January 2013 and that no further requests for reconsideration would be considered.

12.  In support of his request the applicant provides the following:

   a.  Five VA outpatient medical records that show the applicant was treated for insomnia, anxiety, and depression during the period 14 March 2006 to 
23 February 2007.

   b.  Three VA letters, dated 22 January, 25 January, and 15 February 2013, that show the applicant has been seen by the VA since 10 March 2006 in individual and group psychotherapy for the treatment of major depression and severe chronic PTSD.  He participates once a week in individual therapy and three times a week in group therapy combined with psychotropic medication.

13.  CRSC, as established by Section 1413a, Title 10, U.S. Code, as amended, states that eligible members are retired veterans with combat-related injuries who meet all of the following criteria:

* Active, Reserve or National Guard with 20 years of creditable service, or permanent medical retiree, or Temporary Early Retirement Authority retiree
* receiving military retired pay
* have 10% or greater VA rated injury
* military retired pay is reduced by VA disability payments (VA Waiver)
* an individual must be able to provide documentary evidence that their injury was a result of one of the following:

* training that simulates war (e.g., exercises, field training)
* hazardous duty (e.g., flight, diving, parachute duty)
* an instrumentality of war (e.g., combat vehicles, weapons, Agent Orange)
* armed conflict (e.g., award of the Purple Heart)

14.  The Under Secretary of Defense, 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.



DISCUSSION AND CONCLUSIONS:

1.  The applicant submitted evidence to the HRC CRSC Branch in support of his claim for CRSC on three separate occasions.  In all three instances, his requests failed to show a combat-related event caused his injuries or medical conditions.

2.  The evidence of record shows the applicant incurred a wrist injury in SWA on 8 March 1991 as a result of an accident while he was transporting Soldiers in a vehicle.  The evidence of record also shows the applicant attributes his PTSD to an incident that is based solely on his statement in his VA and CRSC claims in which he states his first sergeant was accidentally killed, which is not qualifying because it relates to an accident.

3.  There are no records or other evidence that show his injuries and resultant medical conditions were the result of a combat-related event.

4.  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.  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.  The applicant has failed to provide documentation to show he meets any of these requirements.

5.  Moreover, there is no evidence of record and the applicant did not provide any evidence to establish a direct, causal relationship to the applicant's VA rated disabilities to war or the simulation of war.

6.  In view of the foregoing, there is no 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)                                         AR20130004618



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130004618



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1