IN THE CASE OF: BOARD DATE: 16 March 2017 DOCKET NUMBER: AR20150016473 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 16 March 2017 DOCKET NUMBER: AR20150016473 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. IN THE CASE OF: BOARD DATE: 16 March 2017 DOCKET NUMBER: AR20150016473 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 military service records to show he was granted Combat-Related Special Compensation (CRSC). 2. The applicant states, in effect, he meets all the qualifications for CRSC and he has complied with the requirements related to applying for CRSC; however, his requests for CRSC have been denied. 3. The applicant provides copies of the following documents – * his "Twenty-Year" letter, dated 13 May 1999 * DA Form 2173 (Statement of Medical Examination and Duty Status), dated 8 May 2002 * CRSC letter, dated 6 February 2015 * ("hospital record" is listed, but no record was provided with the application) CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the U.S. Army Reserve (USAR) on 10 April 1979 for a period of 6 years. 2. A DD Form 214 (Report of Separation from Active Duty) shows the applicant was ordered to active duty for training (ADT) on 27 April 1979, honorably released from ADT on 20 July 1979, and transferred to a USAR unit. It also shows he was awarded military occupational specialty 13B (Cannon Crewman) and that he completed 2 months and 24 days of net active service this period. 3. Through a series of reenlistments he continued to serve in the USAR. He was promoted to staff sergeant/pay grade E-6 on 24 July 1992. 4. On 13 May 1999, the Director, Personnel Actions and Services, USAR Personnel Command, St. Louis, MO, notified the applicant that he had completed the required years of qualifying Reserve service and he was eligible for retired pay upon application at age 60 (Twenty Year Letter). 5. The applicant was ordered to annual training with his unit at Fort Polk, LA, during the period 28 April to 18 May 2002. a. A DA Form 2173 shows, on 8 May 2002, the applicant "started feeling light headed and had chest pain while in the field" and he "suffered from unstable angina while performing rotational exercises." He was airlifted to Bayne-Jones Army Community Hospital. b. A Bayne-Jones Army Community Hospital, U.S. Army Medical Department Activity, Fort Polk, LA, Narrative Summary, shows the applicant was admitted to the hospital on 8 May 2002 for "chest pain, rule out myocardial infraction." It also shows, "[h]e had a history of being admitted for chest pain two years ago to a hospital, but had no definitive stress testing done afterward." He was discharged from the hospital on 17 May 2002. c. Headquarters, XVIII Airborne Corps, Fort Bragg, NC, memorandum, dated 2 December 2002, subject: Line of Duty Determination, shows the applicant's line of duty investigation was reviewed and the Chief, Personnel Affairs Branch, made the final determination of "In Line of Duty." 6. A DA Form 199 (Physical Evaluation Board (PEB) Proceedings), in pertinent part, shows a PEB convened in Washington, DC, on 5 December 2007. a. It shows the applicant's condition of "Prinzmetal's angina manifested by multiple episodes of chest pain similar to that of myocardial infractions with onset in May 2002 while on orders for annual training" was determined to be unfitting with a recommended disability rating of 30 percent (%). b. The PEB noted the other Medical Evaluation Board medical diagnoses pertaining to the applicant met medical retention standards, were not listed on the Physical Profile as limiting any of the applicant's functional activities, were not commented upon by the commander as hindering his performance, and the case file contained no evidence that the diagnoses (independently or combined) rendered the applicant unfit for his assigned duties. c. The PEB found the applicant physically unfit, recommended a combined rating of 30%, and permanent disability retirement. d. Item 10 shows, "if retired because of disability, the board makes the recommended finding that: * The Soldier's retirement is not based on a disability from injury or disease received in the line of duty (LOD) as a direct result of armed conflict or caused by an instrumentality of war and incurring in LOD during a period of war as defined by law. * The disability did not result from a combat-related injury as defined in Title 26, United States Code, section 104 [26 USC 104]." e. The PEB President signed the PEB proceedings on 5 December 2007. f. The PEB proceedings were approved for the Secretary of the Army by the Chief, Operations Division, U.S. Army Physical Disability Agency, on 3 January 2008. 7. Headquarters, U.S. Army Physical Disability Agency, Washington, DC, Orders D010-01, dated 10 January 2008, released the applicant from duty because of physical disability incurred as a result of injury while entitled to receive basic pay and placed him on the permanent disability retired list on 7 February 2008 with a 30% disability rating. He was credited with 5 years and 10 months of service for basic pay and 29 years, 10 months, and 4 days of service for disability retirement. The order also shows: * Disability is based on an injury or disease received in LOD as a direct result of armed conflict or caused by an instrumentality of war and incurred in the LOD during a war period as defined by law: NO * Disability resulted from a combat-related injury as defined in 26 USC 104: NO 8. The applicant submitted a claim for CRSC based on a disability (heart attack incurred on 8 May 2002) due to training that simulates war. He noted that the Department of Veterans Affairs (VA) initial rating was 10% and the current rating is 30%, along with a disability rating for post-traumatic stress disorder (PTSD) rated at 30% awarded on 21 June 2007. He also submitted several subsequent claims/requests for reconsideration of his claim. a. The staff of the CRSC Division, U.S. Army Human Resources Command (HRC), in pertinent part, notified the applicant on – * 27 January 2009 – myocardial infarction heart (10%): no evidence to show a combat-related event caused the condition * 27 February 2009 – * myocardial infarction heart (10%): this condition does not meet the criteria for CRSC * PTSD (30%): no evidence in claim to show a combat-related event caused the condition * 26 March 2009 – * myocardial infarction heart (10%): this condition does not meet the criteria for CRSC (Being in training is not, in and of itself, sufficient to award CRSC. The disability or injury must be linked to a combat-related event.) * PTSD (30%): this condition is secondary to the above condition, which is not combat-related * 6 April 2009 – * myocardial infarction heart (10%): this condition does not meet the criteria for CRSC (Being in training is not, in and of itself, sufficient to award CRSC. The disability or injury must be linked to a combat-related event.) * PTSD (30%): this condition is secondary to the above condition, which is not combat-related * 14 May 2014 – * coronary artery disease with mitral regurgitation (100%): previously requested; no new evidence provided to show combat-related event caused condition * PTSD (50%): previously requested; no new evidence provided to show combat-related event caused condition * 6 February 2015 – * coronary artery disease with mitral regurgitation (100%): Final Disapproval – previously requested; no new evidence provided to show combat-related event caused condition * PTSD (50%): Final Disapproval – previously requested; no new evidence provided to show combat-related event caused condition * 19 April 2016 – * bilateral hearing loss (0%): no official documentation indicating a combat award or exposure to weapons, explosions, tanks or aircraft * coronary artery disease with mitral regurgitation (100%): Final Disapproval – previously requested; no new evidence provided to show combat-related event caused condition * PTSD (100%): Final Disapproval – previously requested; no new evidence provided to show combat-related event caused condition * bilateral tinnitus (10%): no official documentation indicating a combat award or exposure to weapons, explosions, tanks or aircraft b. The applicant's claims/requests for reconsideration for CRSC were disapproved on all seven occasions. The applicant was advised that he could appeal the decision(s) by submitting his Notice of Disagreement to the Army Review Boards Agency. 9. In support of his request the applicant provides no additional documents that were not previously considered in this Record of Proceedings. REFERENCES: 1. CRSC, as established by 10 USC 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 wasn'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 retired veterans with combat-related injuries who meet all of the following criteria – * Active, Reserve or National Guard with 20 years of creditable service, or permanent medical retiree, or Temporary Early Retirement Authority retiree * receiving military retired pay * have 10% or greater VA rated injury * military retired pay is reduced by VA disability payments (VA Waiver) * an individual must be able to provide documentary evidence that their injury was a result of one of the following – * training that simulates war (e.g., exercises, field training) * hazardous duty (e.g., flight, diving, parachute duty) * an instrumentality of war (e.g., combat vehicles, weapons, etc.) * armed conflict (e.g., award of the Purple Heart) 2. The Under Secretary of Defense, 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. DISCUSSION: 1. The applicant's request for CRSC for myocardial infarction heart/coronary artery disease with mitral regurgitation and (secondary) PTSD was carefully considered. 2. Record shows the applicant suffered from unstable angina while performing rotational exercises at annual training on 8 May 2002. Records also show the applicant had a history of being admitted to a hospital for chest pain 2 years prior to the incident. 3. On 12 July 2005, a PEB determined the applicant's condition of Prinzmetal's angina manifested by multiple episodes of chest pain similar to that of myocardial infractions with onset in May 2002 while on annual training was unfitting with a recommended disability rating of 30%. a. The PEB found that the applicant's disability retirement was not based on a disability from disease received in LOD as a direct result of armed conflict or caused by an instrumentality of war and incurring in LOD during a period of war as defined by law. The PEB also found the disability did not result from a combat-related injury under the provisions of 26 USC 104. b. There is no evidence of record that shows the applicant appealed the findings/recommendations of his PEB. c. The CRSC Division, HRC, determined there is no evidence to show a combat–related event caused the applicant's myocardial infarction heart/coronary artery disease with mitral regurgitation or his (secondary) PTSD. 4. There is no evidence of record that any of the applicant's injuries/diseases that are under review resulted as a direct causal relationship from training that simulates war. 5. The policy guidance on the processing of CRSC appeals is clear. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150016473 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016473 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2