IN THE CASE OF:	  

		BOARD DATE:	  16 July 2015

		DOCKET NUMBER:  AR20140020259 


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 when he submitted his initial medical record it was sent back denied.  He then had his Department of Veterans Affairs (VA) doctor  document the injury in his VA medical records, and after a third denial he was advised that all he needed with the medical record he initially sent was something showing he did field time during that time.  He has his Leave and Earnings Statements showing start and end of field duty.  He also has a Noncommissioned Officer Evaluation Report (NCOER) with “outstanding performance shooting down an apache long bow helicopter” and a certificate of appreciation.  He did not have all the information needed when he applied for CRSC and by adding these items along with his medical record they show he was running and jumping during combat as an opposing force attachment.

3.  The applicant provides:

* Congressional correspondence
* VA progress notes
* Consultation Sheet 
* Letter from the Defense Finance and Accounting Service to the applicant's Member of Congress 


CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the Regular Army on 6 August 1981 and he held military occupational specialties 14S (Avenger Crewmember) and 31U (Signal Support System Specialist). 

2.  He served in a variety of stateside and overseas assignments and he attained the rank/grade of staff sergeant (SSG)/E-6.

3.  He retired on 31 August 2001 and he was placed on the Retired List in his retired rank/grade of SSG/E-6 on 1 September 2001. 

4.  In April 2002, the VA awarded him service-connected disability compensation for/at:

* traumatic arthritis, 10 percent from 1 September 2001
* degenerative arthritis, 10 percent, from 1 September 2001

5.  On 28 August 2006, he submitted a CRSC claim claiming CRSC entitlement for traumatic arthritis of the right knee and degenerative joint disease of the left knee.  He contended that he was on a practice alert loading equipment for air load for deployment and his secondary condition was caused by his right knee condition.  

6.  On 16 October 2006, by letter, U.S. Army Human Resources Command (HRC) officials notified the applicant that based on the documentation he provided, they were unable to find any official documentary evidence to verify if any of his service-connected disabilities were combat related.  He was encouraged to go through the medical records and look for evidence of a link between a combat-related situation and his service-related injuries/illnesses. 

7.  On 10 January 2012, he submitted a CRSC reconsideration request.  He stated that he was able to find records to support this claim.  He provided the Consultation Sheet, dated 28 April 1993 that shows the entry "pain began while doing run and jump at NTC [National Training Center].  He states he had to get more miles on.  No trauma or injury." 

8.  On 30 January 2012, by letter, HRC officials notified the applicant that after a review of his claim it was determined that the evidence he provided still did not establish a link between his claimed conditions and a combat-related event.  The medical record he submitted stated he was running and jumping at NTC.  It did not describe what simulated war activity he was engaged in when this incident occurred.  Being at NTC was not in and of itself sufficient to award CRSC.  The following determination was made:  

* traumatic arthritis, status post anterior cruciate ligament, right knee, previously requested; no new evidence provided to show combat-related event caused condition 
* degenerative joint disease, left knee, previously requested; no new evidence provided to show combat-related event caused condition

9.  On 7 August 2012, 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 his conditions to a combat-related event.  This disapproval was considered final.  The following determination was made: 

* traumatic arthritis, status post anterior cruciate ligament, right knee; final disapproval, previously requested; documentation does not show accident or incident to connect disability to a combat-related event 
* degenerative joint disease, left knee, final disapproval, previously requested; documentation does not show accident or incident to connect disability to a combat-related event

10.  He provides:

	a.  The Consultation Sheet, dated 28 April 1993 that shows the entry "pain began while doing run and jump at NTC.  He states he had to get more miles on.  No trauma or injury." 

	b.  VA progress notes that shows he followed up on a chronic medical condition and/or past medical problems.  

	c.  A letter, dated 5 December 2014, from DFAS to the applicant's Member of Congress explaining VA disability compensation and military retired pay and the statutes/laws associated with concurrent retirement and disability pay and CRSC. 

	d.  NCOER for the rating period September 1996 to August 1997 for his duties as assistant operations sergeant with the 1st Battalion, 2nd Air Defense Artillery, Fort Bliss, TX.  One of the bullets states he "killed" a helicopter during a simulated warfighting experiment at NTC. 


11.  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.  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 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 that he has knee conditions that are service-related.  However, he has not submitted any evidence that shows these conditions are combat-related.  Nowhere in his available records is there confirmation that they were incurred during combat or under conditions simulating war.  

3.  Without evidence to establish a direct, causal relationship between the applicant's VA-rated disabilities and war or the simulation of war, there is an insufficient evidentiary 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)                                         AR20140020259





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ABCMR Record of Proceedings (cont)                                         AR20140020259



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