DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for the Correction of 
the Coast Guard Record of: 
 
                                                                                BCMR Docket No. 2005-164 
 
XXXXXXXXXXXXXXXXX 
xxxxxxxxxxxxx, SS1 (Ret.)  
   

 

 
 

FINAL DECISION 

 
AUTHOR:  Ulmer, D.  
 
 
This  proceeding  was  conducted  according  to  the  provisions  of  section  1552  of 
title 10 and section 425 of title 14 of the United States Code.  The Chair docketed the 
case  on  September  9,  2005,  upon  receipt  of the  applicant’s  completed  application  and 
military records. 
 
 
appointed members who were designated to serve as the Board in this case. 
 

This final decision, dated June 29, 2006, is approved and signed by the three duly 

APPLICANT’S REQUEST AND ALLEGATIONS 

 
 
 The applicant, a retired SS1, asked the Board to correct his Coast Guard military 
record by showing that his back injury and post-traumatic stress  disorder (PTSD) are 
combat-related,  which  would  entitle  him  to  Combat  Related  Special  Compensation 
(CRSC)1.   In this regard the applicant stated the following: 
 

At morning station aboard the [cutter], off the west coast on June 17, 1958 
I injured my back while on patrol.  I was caught between a one-inch pipe 
on  my  back  and  the  ship's  railing.    This  was  caused  when  a  cable  wire 
railing struck my right abdomen it threw me between the pipe stand and 
knocked me out.  There was a witness, [a] Chief Gunners mate. 

                                                 
1  CRSC  is  a  recently  enacted  law  (2002)  that  allows  certain  retirees  to  receive  both  retired  pay  and 
disability compensation.  To be eligible the veteran must be in receipt of retired pay based on 20 years or 
more  of  service,  and  must  have  a  compensable  service-connected  disability  from  the  Department  of 
Veterans Affairs (DVA).   In addition, the DVA service-connected disability must be combat-related. 

 
I  re-injured  my  back  in  December  1958,  while  aboard  [the  cutter].    We 
were  between  Japan  and  Hawaii  when  the  ship  was  called  to  General 
Quarters.  The re-injury happened during this drill when I slipped and fell 
directly  down  on  my  buttocks,  compressing  [my]  spine.    A  fellow 
shipmate  died  during  this  period.    I  feel  that  because  my  injuries 
happened during this period of General Quarters that it meets the criteria 
for Combat-Related Compensation.     
 
The applicant submitted a copy of a July 12, 2005, letter from Commander, Coast 
Guard  Personnel  Command  (CGPC)  denying  his  claim  for  combat-related  special 
compensation.    CGPC informed the applicant as follows: 

 
We  did  receive  the  requested  medical  documentation  regarding  your 
injuries,  which  precipitated  your  disabilities.    However,  after  reviewing 
this evidence, you have not shown the connection between your injuries 
and  a  combat  related  event.    For  example,  your  anxiety  disorder  as 
diagnosed mentions your reaction to the death of your father.  It makes no 
mention  of  any  specific  traumatic  event  which  occurred  that  would 
normally be combat related.  Furthermore, your degenerative arthritis of 
the  spine  disability  does  not  evidence  any  treatment  record  for  a 
precipitating impairment that would be considered combat related within 
the meaning of the law. 

The applicant was advised that he could appeal CGPC's decision to the Board for 

 
 
Correction of Military Records. 
 

SUMMARY OF THE RECORD AND SUBMISSIONS 

 
 
The applicant enlisted in the Coast Guard on May 17, 1955.  He retired on May 
31, 1975 with 20 years of active service.  On January 31, 1975, the applicant underwent 
the customary medical examination to determine whether he was  medically qualified 
for retirement.  The examining physician found the applicant qualified for retirement, 
but noted that the applicant had some low back pain as determined by an orthopedic 
consult.    The  examining  physician  found  this  condition  to  be  NCD  (not  considered 
disabling).  Subsequently, the applicant was retired from the Coast Guard.   
 
Coast Guard Medical Record Entries Related to the Applicant's Back Injury and PTSD 
 
 
A  medical  note  dated  June  17,  1958,  states  that  the  applicant  was  struck  in  his 
mid  abdomen  at  approximately  8:00  a.m.  while  aboard  ship.    The  note  further  states 
that the applicant "was not knocked unconscious" but noted pain in the left abdomen 
and flank, which was aggravated by deep breathing.   

 
 
On June 17, 1958, the applicant reported to the base infirmary complaining about 
pain in his stomach.  The applicant reported to medical personnel that he was bringing 
in a line and was struck in the abdomen with a stanchion, knocking him unconscious 
momentarily.    To  rule  out  the  rupture  of  his  spleen,  the  applicant  was  referred  to  a 
United States Public Health Service (USPHS) hospital.   
 
 
The  applicant  was  admitted  to  the  USPHS  on  June  17,  1958,  and  he  was 
discharged on June 30, 1958.  The narrative summary noted some "mid left CVA (cost-
vertebral angle) and left flank tenderness" during the physical examination.  Later into 
his  hospital  stay,  the  medical  report  noted  "minimal  CVA  tenderness"  had  subsided.  
The applicant was given 30 days of convalescent leave, after which he was returned to 
full duty.  The discharge diagnosis was a contusion of the left kidney and contusion of 
the abdominal wall. 
 
 
The  medical  record  indicates  that  the  applicant  was  hospitalized  on  May  12, 
1964,  after  he  passed  out.    The  narrative  summary  states  that  the  applicant  was 
conscious  "but didn't  move any part of [his] body, and would not respond to painful 
stimuli  or  to  vocal  stimuli."    The  applicant's  physical  and  neurological  examinations 
were normal.  The summary states that the applicant was fully alert on May 13, 1964, 
and  stated,  "he  has  been  very  nervous  and upset,  especially  since  his  father's  death  a 
few weeks ago."  The applicant was discharged from the hospital on May 14, 1964, with 
a diagnosis of acute anxiety reaction.   
 
 
muscle spasm.  He was treated with heat and found fit for full duty.   
 
 
During  an  annual  medical  examination  on  April  10,  1972,  the  applicant 
complained of low back pain.  The medical report stated the physical examination of the 
applicant's  back  and  the  x-ray  were  normal.    It  also  noted  that  the  condition  was  not 
considered to be disabling.  
 
 
As previously stated, the applicant was found to have mild low back pain during 
his  retirement  medical  examination  on  January  31,  1975.    The  condition  was  not 
considered  disabling  and  the  applicant  was  instructed  on  appropriate  exercises  and 
back care.  The applicant was found fit for retirement and "qualified to perform duties 
of rate/rank." 
 
 DVA Records 
 

On  August  13,  1971,  the  applicant  was  noted  to  have  low  back  pain  without 

The applicant first filed a claim with the DVA in 1990.   The DVA initially denied 
the applicant's disability and compensation claim.  The applicant appealed and the case 
was  remanded  to  a  regional  office  for  further  development.  Subsequently,  the  DVA 

found  support  for  the  applicant's  disability  claim  in  the  Coast  Guard  record  and  the 
cutter's  logs  and  granted  the  applicant  a  100%  service  connected  disability  rating  for 
PTSD and a 10% disability for arthritis of the lumbar spine. The  DVA decision noted 
that  the  applicant  served  during  the  Vietnam  era  but  it  made  no  mention  of  a 
relationship between the applicant's disabilities and combat.   

 
An  April  25,  1991  letter  from  a  team  leader  of  the  applicant's  local  veterans' 
center  explained  how  the  applicant  incurred  his  back  injury  and  the  events  that 
contributed  to  the  applicant's  subsequent  development  of  PTSD.    He  offered  the 
following: 

 
1.    While  stationed  [on  a  cutter]  on  June  17,  1958,  [the  applicant]  was 
caught  around  his  waist  by  a  cable  as  they  were  getting  underway.  
Veteran  thought  he  was  going  to  die  as  he  lost  consciousness.    Veteran 
was  hospitalized  in  the  Naval  hospital  in  Alameda.    Veteran  stated  he 
stayed  in  the  hospital  from  6/17-6/30,  1958.    Veteran  related  sleeping 
disturbance regularly as a result of flashbacks about this incident.  Veteran 
continuously visualizes the possibility of being killed in that incident.   

 

2.  Veteran was also caught in a tidal wave between Midway Island and 
Hawaii.  Veteran related the horror of the entire crew as the [cutter] was 
tossed about.  Twelve men were injured severely and one was lost at sea.  
Veteran recalls this experience many times and cries as he relates how he 
helped his shipmates to stay alive during that experience.   

 

3.  Veteran recalls the earthquake in Kodiak, Alaska, in 1964.  While going 
to his ship  . . . he was overwhelmed by the tidal wave that followed the 
earthquake.    Veteran  was  trapped  in  his  car  but  managed  to  escape.  
When he and other shipmates tried to get back to the ship again they were 
overwhelmed  by  another  wave.    Veteran  was  submerged,  drank  water 
and felt very dizzy and sick because of this incident.  The fear of dead (sic) 
overwhelmed  him.    This  incident  often  brings  intrusive  thoughts  about 
near misses with death.  His reactions are crying, rage over the loss of his 
shipmate, sleep disturbance, and nightmares followed by depression.    

 
 

VIEWS OF THE COAST GUARD 

 
 
On May 23, 2005, the Board received an advisory opinion from the Office of the 
Judge Advocate General (JAG).  He recommended that the applicant's request for relief 
be denied.  
 

The JAG stated that the applicant offered no evidence to support his claim that 
the  Combat  Related  Special  Compensation  (CRSC)  Board  erred  or  committed  any 
injustice  when  it  determined  that  his  disabilities  were  not  combat-related.  The  JAG 
stated that absent strong evidence to the contrary, government officials are presumed to 
have  carried  out  their  duties  correctly,  lawfully,  and  in  good  faith.    Arens  v.  United 
States, 969 F.2d 1034, 1037 (Fed. Cir. 1992).  Moreover, he stated that the applicant bears 
the burden of proving error under 33 C.F.R. § 52.24.   In this regard, the JAG offered the 
following: 

 
(a) Low Back Disorder.  Applicant claims that he initially injured his back 
while  performing  duties  during  a  mooring  evolution  on  17  June  1958.  
According  to  Applicant's  record,  the  injury  occurred  on  16  June  198.    A 
physician diagnosed Applicant with contusions of the left kidney and the 
abdominal  wall  on  17  June  1958.    The  record  makes  no  mention  of  an 
injury to Applicant's back or spine.  Applicant claims that he re-injured his 
back in December 1958 when the ship was at GQ.  Applicant asserts that 
he  fell  on  his  buttock,  thereby  causing  a  compression  of  his  spine.    His 
record makes no mention of the alleged injury or any follow-on diagnosis 
or  treatment. 
  Furthermore,  Applicant  offers  no  documentary  or 
testimonial  evidence  to  show  that  the  cutter  was  at  GQ  or  that  it  was 
performing  any  type  of  duty  within  the  scope  of  [the  combat  related 
compensation  statute]  at  the  time  of  his  alleged  fall.    The  Board  of 
Veterans' Appeal decision does not refer to the December 1958 incident as 
a  reason  and  basis  for  finding  and  concluding  that  applicant's  low  back 
disorder  is  service  connected.    Instead,  the  Board  linked  the  low  back 
disorder to "the latter years of [Applicant's] service." 

 

(b) PTSD.  Applicant claims that his PTSD is combat-related.  Apparently, 
he  bases  this  claim  on  the  fact  that  his  PTSD  stems,  in  part,  from  the 
December 1958 incident when one of his shipmates was lost at sea.  The 
Board  of  Veterans'  Appeals  concluded  that  the  December  1958  incident 
was one of several stressors leading to the diagnosis of PTSD.  The Board's 
decision,  however,  provides  no  facts  to  support  a  determination  that 
Applicant's PTSD is combat-related.  Neither the applicant nor his record 
provides  documentary  or  testimonial  evidence  of  the  Applicant  or  [the 
cutter] being involved in a combat-related event, as defined [by the law] in 
December 1958.   

 

APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 

 
On February 9, 2006, the BCMR received the applicant's response to the views of 
 
the Coast Guard.  The applicant offered evidence already in the military record on how 
he incurred his back injury and the events that probably contributed to his PTSD.  He 

did  not  offer  any  evidence  of  a  nexus  between  his  disabilities  and  combat  or  any 
combat-related activities.  
 

APPLICABLE LAW AND GUIDANCE 

10 U.S.C. 1413a.  

 

 

Section  1413a.  (Combat-related  special  compensation)  of  title  10  of  the  United  States 
Code provides for the following: 
 
"(a)  Authority.    The  Secretary  concerned  shall  pay  each  eligible  combat-related 
uniformed services retiree who elects benefits under this section a monthly amount for 
the combat-related disability of the retiree determined under subsection (b). 
 
"(b) Amount.  (1) Determination of monthly amount.  Subject to paragraphs (2) and (3), 
the monthly amount to be paid an eligible combat-related disabled uniformed services 
retiree under subsection (a) for any month is the amount of compensation to which the 
retiree  is  entitled  under  title  38  for  that  month,  determined  without  regard  to  any 
disability for the retiree that is not a combat-related disability  . . .   
  
"(c)  Eligible retirees.   For purposes of this section, an eligible  combat-related disabled 
uniform  services  retiree  referred  to  in  subsection  (a)  is  a  member  of  the  uniformed 
services entitled to retired pay who--(1) has completed at least 20 years of service in the 
uniformed services that are creditable for purposes of computing the amount of retied 
pay to which the member is entitled or is entitled to retired pay under section 12731 of 
this title . . . (other than by reason of section 12731b of this title . . . and (2) has a combat-
related disability.   
 
"(d) Procedures.  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 uniform services retiree.  
Such procedures shall apply uniformly throughout the Department of Defense.2 
 
"(f) Combat-related disability.  In this section, the term 'combat-related disability' means 
a  disability  that  is  compensable  under  the  laws  administered  by  the  Secretary  of 
Veterans Affairs and that --  (1) is attributable to an injury for which the member was 
awarded  the  Purple  Heart;  or  (2)  was  incurred  (as  determined  under  the  criteria 
                                                 
2      CGPC  informed  the  BCMR  staff  that  it  follows  the  CRSC  guidance  provided  by  the  Department  of 
Defense in processing its CRSC claims.   
 
 

prescribed  by  the  Secretary  of  Defense)--  (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."   
 
Department of Defense (DOD) CRSC Program Guidance 
 

DoD Combat-related Special Compensation Revised Program Guidance January 
2004  states  that  the  following  criteria,  terms,  definitions,  explanations  will  apply  to 
making combat-related determinations in the CRSC program. 
 

"Direct Result of Armed Conflict - The disability is a disease or injury incurred in 
the  line  of  duty  as  a  result  of  armed  conflict.    The  fact  that  a  member  incurred  the 
disability during a period of war or 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.  
 

"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.   
 

"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  while  escaping  or  attempting  to  escape  from 
such confinement, prisoner of war, or detained status.   
 

"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 required 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.   
 

"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,  repelling  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.   
 

"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."   
 

FINDINGS AND CONCLUSIONS 

 
 
The  Board  makes  the  following  findings  and  conclusions  on  the  basis  of  the 
applicant's  military  record  and  submissions,  the  Coast  Guard's  submissions,  and 
applicable law: 
 

1. The Board has jurisdiction concerning this matter pursuant to section 1552 of 

title 10 of the United States Code.   

 
2.  Congress  only  recently  (2002)  enacted  CRSC  granting  certain  members 
entitlement  to  both  retired  pay  and  disability  compensation.  Therefore,  the  applicant 
could not have made a claim prior to the enactment of the law.  His August 11, 2005 
application to this Board is timely.  In this regard, the Board notes that the CRSC panel 
denied his claim on July 12, 2005 and he filed with the Board on August 11, 2005, which 
was well within the Board's three-year statute of limitations.  

 
3.  In order to qualify for CRSC the applicant needs to show that he is in receipt 
of  retired  pay  based  on  20  years  of  service,  that  he  has  service-connected  disabilities 
rated  to  be  at  least  10%  disabling  by  the  DVA,  and  that  his  disabilities  are  combat 
related.    The  record  establishes  that  the  applicant  is  retired  with  20  years  of  active 
service and that the DVA rated his back injury as 10% disabling and his PTSD as 100% 
disabling.   

 
4.  However, he has failed to prove that his service-connected disabilities are also 
combat-related.  A service-connected disability and a combat-related disability are not 
synonymous. A service-connected disability simply means that an injury or disease was 
incurred during a period of active duty.    See Chapter 2.A.47 of the Physical Disability 
Evaluations  System  Manual.    A  combat-related  disability  means  that  the  injury  or 
disease is service-connected and was incurred as a direct result of armed conflict, while 
engaged in hazardous service, while performing duty under conditions simulating war, 
or  through  an  instrumentality  of  war.    See  10  U.S.C.  §  1413a(e).      Nothing  in  the 
applicant's military record suggests that the applicant was involved in combat or any 
combat-related  activities  at  the  time  he  incurred  his  back  injury  or  experienced  the 
stressful  events  that  contributed  to  his  PTSD.    The  applicant  stated  that  he  was  at 
morning  quarters  when  he  first  injured  his  back  and  at  general  quarters  when  he  re-
injured  his  back.  There  is  no  evidence,  however,  that  these  two  events  were  combat-
related.  While the earthquake and rough seas experienced by the applicant during his 
Coast Guard service were probably traumatic events, there is nothing in the record to 

support  a  conclusion  that  they  were  combat-related.    Moreover,  the  DVA  decision 
makes  no  finding  that  the  applicant's  disabilities  were  combat-related.    The  applicant 
has failed to prove that his injury and disease are combat-related. 

 
5.    Accordingly,  the  applicant's  request  should  be  denied  for  lack  of  proof  of 

error or injustice.   

 
6.    The  applicant  should  contact  the  Coast  Guard  to  determine  whether  he  is 
eligible for concurrent retirement and disability payments under 10 U.S.C. § 1414. This 
is an entitlement for some veterans who have a 50% or higher disability rating and who 
are receiving retired pay based on 20 years of active service.      
 
 

[ORDER AND SIGNATURES ON NEXT PAGE] 

 
 

The application of SS1 XXXXXXXXXXXXXXXXXXXX, USCG (Ret.), for correction 

ORDER 

 

of his military record is denied. 
 
 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

________________________________ 
 David Morgan Frost 

_______________________________ 
 James E. McLeod 

_______________________________ 
 Darren S. Wall