RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  3 July 2007
	DOCKET NUMBER:  AR20060009555 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.



	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests reconsideration of the Board’s denial of his request that all of his Department of Veterans Affairs (VA) disability ratings be approved for Combat Related Special Compensation (CRSC).

2.  The applicant states that the US Army Physical Disability Agency (USAPDA), CRSC Branch, made numerous errors in the processing of his claim, and details the nature of those errors.  The applicant adds that nobody has “come up with another explanation for my perforated colon.”  

3.  The applicant provides the denials of his CRSC claim; his VA rating decisions; an article from Army Echoes; a DD Form 2860; his CRSC claim; his DD Form 214; his Chronological Statement of Retirement Points; and his retirement orders.

CONSIDERATION OF EVIDENCE:

Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20050003622, on 1 December 2005.

DISCUSSION AND CONCLUSIONS:

1.  The Board agrees with the original Board, that the applicant has not submitted any evidence to show that he was wounded, and the fact that the applicant had perforations of his rectal colon surgically repaired does not establish that he was wounded by a claymore mine.

2.  While it is regrettable if mistakes were made by the USAPDA, those errors have no bearing on whether the applicant has established, with documentary evidence, that he was wounded in combat in Vietnam. 

3.  The Board begins its deliberations with a presumption of regularity, that what the Army did was correct.  The burden to prove otherwise rests with the applicant.  As such, it is not up to the Board to provide an explanation for the applicant’s perforated colon.  It is up to the applicant to show that his perforated colon was caused by a claymore mine.  



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___ena__  ___eif___  ___swf__   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 to amend the decision of the ABCMR set forth in Docket Number AR20050003622, on 1 December 2005.




___________Eric N. Andersen____
          CHAIRPERSON




INDEX

CASE ID
AR20060009555
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070703
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.