IN THE CASE OF:    

		BOARD DATE:  20 January 2015	  

		DOCKET NUMBER:  AR20140007499 


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, correction of his records to show his claim for Combat-Related Special Compensation (CRSC) was approved.  

2.  He states:

	a.  His post-traumatic stress disorder (PTSD) is combat-related.  He was deployed to a combat zone during the Gulf War.  Regardless of the fact that the fighting had subsided when he got there, he was exposed to burned bodies and equipment, burning oil wells, and even bodies and parts of bodies remaining in vehicles.  The whole area was still covered with trenches filled with oil, not to mention mine fields.  

	b.  He had to be watchful at all times, not knowing when or where the fighting would flare up once more and never knowing if someone would be coming up from behind to kill him.  He always lived in fear, as he does now, not being able to trust anyone and always thinking the worst all the time.  After what he has been exposed to, how can one classify his PTSD as not combat-related?

	c.  He has not been able to sleep at night.  He awakens from deep sleep due to nightmares.  He dreams of being shot at, running, and killing people, and he wakes up in a cold sweat.  His wife asks him why he is crying, but he does not know why because he was asleep. 

	d.  He has been diagnosed with mild obstructive lung disease that he believes he incurred as a result of his Gulf War service.  He has also undergone surgery twice for lumps on the back of his neck.  

3.  He provides:

* self-authored statements
* letter, dated 31 March 2014, from the Chief, CRSC Branch, U.S. Army Human Resources Command (HRC)
* excerpts of his Department of Veterans Affairs (VA) medical records
* photographs that appear to have been taken in the area of operations for Operation Desert Storm

CONSIDERATION OF EVIDENCE:

1.  On 12 December 1975, the applicant enlisted in the Alabama Army National Guard (ALARNG).  He served in the ALARNG through 2 January 2005, when he was discharged by reason of having attained the maximum allowable age and transferred to the Retired Reserve.  He completed 29 years of total service for retired pay.  

2.  His Official Military Personnel File (OMPF) contains a DD Form 214 (Certificate of Release or Discharge from Active Duty) showing he was ordered to active duty in support of Operation Desert Shield/Storm effective 
15 September 1991.  He served in Southwest Asia (SWA) from 23 September 1991 to 2 April 1992.  He was honorably released from active duty on 27 April 1992.  

3.  His OMPF is void of documentation showing he participated in combat during his deployment in SWA.  

4.  On 25 July 2013, the CRSC Branch, HRC, notified him that his claim for CRSC had been denied.  He was informed that there was no documentation in his claim to show that a combat-related event caused the PTSD for which he had received a 70 percent (%) service-connected disability rating from the VA.  In support of his claim, he provided a VA Rating Decision, dated 30 April 2013.  This document does not reference any evidence indicating his PTSD was the result of a combat-related event.  

5.  On 25 September 2013 and 31 March 2014, the CRSC Branch, HRC, notified him that his claims were denied.  The basis for denial on each occasion was that he had provided no evidence linking his disabling condition to a combat-related event.  In the notification dated 31 March 2014, he was advised that the disapproval was final and that he could appeal to this Board.  

6.  He provides, in part:

	a.  An Initial PTSD Disability Benefits Questionnaire.  This document shows he stated that, when he went to King Khalid Military City, Saudi Arabia, they had to clean vehicles, some of which still had body parts in them and lots of dried blood.  He described reactions to the awful smell.  No other traumatic events were noted.  He was diagnosed with PTSD and cognitive disorder, not otherwise specified.  The examining medical professional noted that cognitive screening was indicated to rule out possible dementia or Alzheimer's disease.  Other conditions noted on the form were high blood pressure, hearing loss, chronic headaches, and allergic rhinitis.  

	b.  Photographs that appear to have been taken in the area of operations for Operation Desert Storm.  These photographs depict, in part, fires; destroyed vehicles, some with charred or mutilated bodies remaining in them; and corpses.  The applicant has not provided evidence indicating he was present at the locations where these photographs were taken.  None of the photographs depict active combat.

7.  Title 10, U.S. Code, Section 1413a provides the statutory authority for CRSC.

	a.  It states the Secretary of Defense shall prescribe procedures and criteria under which a disabled uniformed services retiree may apply to the Secretary of a military department to be considered to be an eligible combat-related disabled uniformed services retiree.

	b.  It defines combat-related disability as a disability that is compensable under the laws administered by the Secretary of Veterans Affairs and that is attributable to an injury for which the member was awarded the Purple Heart or was incurred (as determined under criteria prescribed by the Secretary of Defense):

		(1)  as a direct result of armed conflict;

		(2)  while engaged in hazardous service;

		(3)  in the performance of duty under conditions simulating war; or

		(4)  through an instrumentality of war.

8.  Department of Defense (DOD) guidance on CRSC states a combat-related disability is a disability with an assigned medical diagnosis code from the VA Schedule for Rating Disabilities that was incurred:

	a.  as a direct result of armed conflict;

	b.  while engaged in hazardous service;

	c.  in the performance of duty under conditions simulating war; or

	d.  through an instrumentality of war.

9.  The DOD guidance states the burden of proof that a disability is combat-related rests with the applicant and members will be required to provide copies of documents in their possession to the best of their ability.  The Military Departments will determine whether a disability is combat-related under a, b, c, or d, above, using the definitions and criteria set forth in Attachment 1-1.  

10.  Attachment 1-1 states the following criteria, terms, definitions, and explanations will apply to making combat-related determinations in the CRSC program. 

	a.  Direct Result of Armed Conflict – The disability is a disease or injury incurred in the line of duty as a direct result of armed conflict.  The fact that a member incurred the disability during a period of war or in an area of armed conflict or while participating in combat operations is not sufficient to support a combat-related determination.  There must be a definite causal relationship between the armed conflict and the resulting disability. 

		(1)  Armed conflict includes a war, expedition, occupation of an area or territory, battle, skirmish, raid, invasion, rebellion, insurrection, guerilla action, riot, or any other action in which Service members are engaged with a hostile or belligerent nation, faction, force, or terrorists. 

		(2)  Armed conflict may also include such situations as incidents involving a member while interned as a prisoner of war or while detained against his or her will in custody of a hostile or belligerent force or while escaping or attempting to escape from such confinement, prisoner of war, or detained status. 

	b.  While Engaged in Hazardous Service – Such service includes, but is not limited to, aerial flight, parachute duty, demolition duty, experimental stress duty, and diving duty.  A finding that a disability is the result of such hazardous service requires that the injury or disease be the direct result of actions taken in the performance of such service.  Travel to and from such service, or actions incidental to a normal duty status not considered hazardous are not included.

	c.  In the Performance of Duty Under Conditions Simulating War – In general this covers disabilities resulting from military training, such as war games, practice alerts, tactical exercises, airborne operations, leadership reaction courses, grenade and live fire weapons practice, bayonet training, hand-to-hand combat training, rappelling, and negotiation of combat confidence and obstacle courses.  It does not include physical training activities such as calisthenics and jogging or formation running and supervised sport activities. 

	d.  Instrumentality of War – Incurrence during an actual period of war is not required.  However, there must be a direct causal relationship between the instrumentality of war and the disability.  The disability must be incurred incident to a hazard or risk of the service.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not show nor has the applicant provided evidence showing an error in the CRSC Branch's decision to deny his CRSC claim.  

2.  Both law and DOD guidance require that disabilities eligible for CRSC be incurred as a direct result of armed conflict, while engaged in hazardous service, in the performance of duty under conditions simulating war, or through an instrumentality of war.  The DOD guidance for CRSC requires documentary evidence confirming the conditions under which a disability was incurred.  

3.  Neither his service records nor the records he provides contain documentary evidence showing his VA-rated disability was incurred in conditions described by DOD under any of the four combat-related categories.  Without such evidence, there is no basis for awarding him CRSC.  

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)                                         AR20140007499





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ABCMR Record of Proceedings (cont)                                         AR20140007499



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