IN THE CASE OF: BOARD DATE: 18 October 2011 DOCKET NUMBER: AR20110008266 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, he be approved for Combat-Related Special Compensation (CRSC) for his heart condition. 2. The applicant states, in effect, that he served in special forces assignment throughout his career until he was medically retired due to having a massive heart attack. He goes on to state that his assignment involved combat deployments and training that simulated combat conditions and he believes that his service as a special forces noncommissioned officer led to his heart conditions. He further states that contrary to the medical board assessment that his family had a history of heart disease, such was not the case. He also contends that the nature of his profession qualifies him for CRSC. 3. The applicant provides a letter explaining his application, a copy of his CRSC claim denial with supporting documents and a copy of his Department of Veterans Affairs (VA) Rating Decision. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the Regular Army on 9 June 1977 for a period of 3 years and training as a combat engineer. He successfully completed his basic and advanced individual training and in January 1979 he completed airborne training and was transferred to Fort Bragg, North Carolina. In March 1981 he completed Special Forces training. He continued to serve in Special Forces and was promoted to the pay grade of E-7 on 1 March 1987. He spent the majority of his career with the 10th Special Forces Group at Fort Devens, Massachusetts. 3. On 21 July 1994 he suffered a myocardial infarction which required him to be resuscitated. 4. On 15 September 1995 he was honorably retired by reason of permanent disability with a 30% disability rating. He had served 18 years, 2 months and 16 days of active service. 5. Documents provided by the applicant show that he was granted an 80% combined disability rating by the VA and is being paid at the 100% rate due to his unemployability. 6. On 25 March 2008, he applied for CRSC and was granted a 40% rating for residuals of frostbite to the feet and knee conditions. He was denied compensation for myocardial infarction on 3 July 2008. 7. He again applied for CRSC for myocardial infarction and on 29 May 2009, his request was denied because his disability could not be related to a combat-related situation. 8. The applicant again applied for reconsideration of his CRSC request and on 13 January 2010 his request was again denied for the same reason. 9. The applicant again applied for reconsideration of his CRSC request and on 6 April 2010, the Human Resources Command (HRC) CRSC Compensation Division after considering all evidence submitted by the applicant in appeal of the original CRSC denial, determined there was insufficient evidence to justify reversal of the previous denial decisions made on his claim. He was informed the decision was final and his only recourse was to apply to this Board. 10. The Under Secretary of Defense for 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. 11. Title 10, U.S. Code, section 1413a (CRSC) provides that eligible members are those retirees who have 20 years of service for retired pay computation and who have disabilities that are the direct result of armed conflict, specially hazardous military duty, training exercises that simulate war, or caused by an instrumentality of war. Such disabilities must be compensated by the DVA and rated at least 10% disabling. For periods before 1 January 2004, members had to have disabilities for which they were awarded the Purple Heart and are rated at least 10% disabled or who are rated at least 60% disabled as a direct result of armed conflict, specially hazardous duty, training exercises that simulate war, or cause by an instrumentality of war. DISCUSSION AND CONCLUSIONS: 1. 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. In order to qualify for 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. 2. The applicant's contention that his medical condition was sustained while participating in training simulating war and combat operations has been carefully considered. However, the evidence fails to show his condition was the result of simulation of war or combat related action. Without evidence to establish a direct, causal relationship to the applicant’s disability to war or the simulation of war, there is insufficient basis in which to grant his request. 3. The applicant’s contention that medical board incorrectly noted that he had a family history of heart disease has been noted; however, he has submitted no evidence to dispute the comments made by that board over 10 years ago. 4. Therefore, in the absence of evidence to support his claim that his heart condition was caused by an instrumentality of war, there appears top be no basis to grant his request. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __X____ ___X____ ___X____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. 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. 2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Global War on Terrorism. The applicant and all Americans should be justifiably proud of his service in arms. _______ _ 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) AR20110008266 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110008266 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1