BOARD DATE:	  5 August 2014

		DOCKET NUMBER:  AR20130022177 


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 U.S. Army Human Resources Command (HRC) decision denying him combat-related special compensation (CRSC).

2.  The applicant states:

	a.  He provided the CRSC medical documentation from my assignment at Fort Campbell, KY, showing the medical treatment provided as a result of an accident while participating in Air Assault Field Training Exercise (FTX).   He does not believe the CSRS office fully considered the evidence he provided showing that the back injury was made permanent while assigned to Fort Campbell and participating in Air Assault training which is training that "simulates war" as well as "hazardous duty" and an "instrumentality of war."   Additionally, training exercises such as the Return of Forces to Germany (REFORGER) training exercise and trainings that "simulate war" as such meet the CSRS qualifications.  

	b.  He requests his Officer Record Brief and Official Military Personnel File along with military medical treatment records be reviewed and his records corrected to reflect that his training and time at Fort Campbell exacerbated his bulging disks and were a direct result of an injury received while conducing Air Assault training while assigned to C Company, 801st Main Support Battalion, Fort Campbell.  Specific note should be made to the incorrect statement on the VA letter.  He did in fact fall in 1987 and his back and his injury occurred during a REFORGER exercise.  The VA omitted the fact that he was again injured during an Air Assault FTX at Fort Campbell, KY, resulting in the MRI being conducted in 1998 supporting his VA rating.  The above omission needs to be corrected for his CRSC claim to be favorable.  Lastly the REFORGER training should be considered as "Training that simulates war" for CRSC qualification 

3.  The applicant provides:

* Denial letters from the U.S. Army Human Resources Command (HRC), Fort Knox, KY
* Two DD Forms 214 (Certificate of Release or Discharge from Active Duty)
* Officer Record Brief
* DA Form 3349 (Physical Profile)
* Selected health records

CONSIDERATION OF EVIDENCE:

1.  Having had prior service, the applicant was appointed as a warrant officer and executed an oath of office on 1 March 1990.  He held military occupational specialty 917A (Maneuver Forces Air Defense Systems (MFADS) Technician). 

2.  He served in a variety of stateside and overseas assignments and he attained the rank/grade of chief warrant officer three (CW3).

3.  He retired on 30 September 2001 and he was placed on the Retired List in his retired rank/grade of CW3 on 1 October 2001. 

4.  On 14 November 2001, the Department of Veterans Affairs (VA) awarded him service-connected disability compensation for/at:

* Discogenic back pain, 10 percent (%) from 1 October 2001
* Corneal scar of left eye, 0%, from 1 October 2001

5.  On 26 April 2006, he submitted a CRSC claim claiming CRSC entitlement for left shoulder pain and left foot pain.  He contended that he was in Saudi Arabia inspecting a missile pod that had been destroyed during a movement operation.  While on top of the missile, he slipped and fell to the ground.  He was reinjured at Fort Campbell, KY. 

6.  On 2 June 2006, by a letter, HRC officials notified the applicant that based on the documentation he provided, the CRSC was unable to find any official documentary evidence to verify if his disabilities (spinal disc condition, limited motion of arm, condition of the skeletal system, and limited flexion of knee) resulted from a combat-related event. 
7.  On 12 August 2013, after what appears to be resubmission of his claim, by letter, HRC officials notified the applicant that after a review of the medical records he submitted which state he injured his back in 1986 when he fell off a van and then reinjured his back in Saudi Arabia in 1990;  he did not submit documentation that described in detail how this injury is connected to a combat related event.  The following determination is made: 

* Discogenic back pain, previously requested, no new evidence was submitted to show combat-related even caused condition

8.  On 10 October 2013, after resubmission of the same claim, HRC officials notified the applicant that after reviewing all documentation in support of his claim, the CRSC office was unable to overturn the previous adjudication.  The documentation he provided still showed no new evidence to link the requested conditions to a combat-related event.  This disapproval is considered final.  The following determination is made: 

* Discogenic back pain, final disapproval, previously requested, no new evidence provided to show combat-related even caused condition 

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.  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-percent disabling.  Military retirees who are approved for CRSC must have waived a portion of their military retired pay since CRSC consists of the Military Department returning a portion of the waived retired pay to the military retiree.

DISCUSSION AND CONCLUSIONS:

1.  The CRSC criterion 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 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 his condition of back is service-related.  However, he has not submitted any evidence that shows this condition is combat-related.  Nowhere in his available records is there confirmation that they occurred during combat or under conditions simulating war. 

3.  Without evidence to establish a direct, causal relationship of the applicant's VA-rated disabilities to war or the simulation of war, there is an insufficient evidentiary basis for granting the applicant's requested relief.

4.  The applicant also requested a correction to the wording in his VA rating decision.  The applicant is advised that such action is not within the purview of this Board.  He should address VA issues with the VA. 

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)                                         AR20130022177





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ABCMR Record of Proceedings (cont)                                         AR20130022177



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