IN THE CASE OF: BOARD DATE: 18 August 2011 DOCKET NUMBER: AR20110001104 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 granted Combat-Related Special Compensation (CRSC). 2. The applicant states: * He sustained a combat-related injury when he fell out of a 5-ton truck * In April 1995 the Department of Veterans Affairs (DVA) granted him a 10 percent disability rating for traumatic arthritis of the lumbosacral spine due to falling off a 5-ton truck during a training exercise in Germany 3. The application indicates he provided medical documents; however, these documents are not available. 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. Having prior active service in the U.S. Navy, he enlisted in the Regular Army on 28 December 1977. He served as a light wheel vehicle mechanic and remained on active duty through continuous reenlistments. He served in Germany from: * 16 July 1979 to 9 July 1981 * 20 September 1982 to 4 September 1984 * 25 February 1992 to 24 February 1994 3. On 31 May 1994, he retired in the rank of sergeant first class with 20 years and 5 days of creditable active service. 4. There are no medical documents in the available records. 5. On 13 April 1995, the DVA granted service-connected disability compensation for: * hypertension (10 percent) * lumbosacral strain with mild degenerative changes (10 percent) * status post medial meniscectomy with mild degenerative changes (10 percent) 6. On 20 January 2005, the U.S. Army Physical Disability Agency/CRSC, disapproved the applicant's request for reconsideration for CRSC. He was advised his next recourse was to apply to this Board. 7. CRSC, as established by Section 1413a, Title 10, United States Code, as amended, states that 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, specialty 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% disabling. For periods before 1 January 2004 (the date this statute was amended), members had to have disabilities for which they have been 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, specialty hazardous duty, training exercises that simulate war, or caused by an instrumentality of war. CRSC benefits are equal to the amount of VA disability compensation offset from retired pay based on those disabilities determined to be combat-related. DISCUSSION AND CONCLUSIONS: 1. The CRSC criteria 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 that the disability was incurred while engaged in combat, while performing duties simulating combat conditions, or while performing specialty hazardous duties such as parachuting or scuba diving. 2. The applicant contends he sustained a combat-related injury when he fell off a 5-ton military truck during a training exercise in Germany. Notwithstanding his contention, there is no evidence in the available record and he has not provided sufficient evidence which shows a medical condition was sustained during combat action or simulation of war. 3. Without evidence to establish a direct, causal relationship to his DVA rated disabilities to war or the simulation of war, there is insufficient basis in which to grant his request. 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) AR20110001104 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110001104 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1