IN THE CASE OF: BOARD DATE: 28 July 2020 DOCKET NUMBER: AR20170014282 APPLICANT REQUESTS: in effect, correction of his records to show entitlement to Combat-Related Special Compensation (CRSC) for an arm/elbow injury. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Personal statements * Letter of support * Letter from the Army Human Resources Command FACTS: 1. The applicant states, in effect, training documents indicating his injuries occurred simulating war training were lost or misplaced. The Illinois Army National Guard did not keep any training records. During annual training his unit was in the field simulating war when he tripped over a tent stake and fell very hard on his left arm. 2. The applicant's complete Army National Guard records are not available for the board's review. 3. A DA Form 2173 (Statement of Medical Examination and Duty Status), dated 8 July 1989, shows the applicant the applicant injured his arm while on annual training. It was determined a formal line of duty LOD) investigation was not required. 4. Orders 129-134, dated 9 May 2001, shows the applicant was honorably discharged from the Army National Guard and assigned to the U.S. Army Reserve Control Group: Retired, effective 26 May 2001. 5. Orders P10-389193, dated 28 October 2003, shows the applicant was retired and placed on the retired list effective 27 December 2003. 6. A letter from HRC, CRSC Branch, dated 2 February 2009, informed the applicant they were unable to determine if his elbow disabilities resulted from a combat-related situation. 7. A letter from HRC, CRSC Branch, dated 1 April 2009, informed the applicant they were unable to find any evidence to support how his elbow injury was caused by a combat-related situation. 8. A letter from HRC, CRSC Branch, dated 4 April 2017, informed the applicant they were unable to overturn the previous adjudications. The documentation he submitted did not link his requested conditions to a combat-related event. Falling or tripping over a tent stake is not considered a combat-related event under current Department of Defense guidance. This disapproval is now considered final. He was informed he must submit a notice of disagreement to the ABCMR if he choose to appeal this decision. 9. The applicant provides a 13 January 2009 statement describing the circumstances surrounding his arm injury. He states in part “we were in the field (FTX) simulating war. With our perimeter set up and fighting positions inside perimeter. Some time after dark got a call… that there were OPP4 (aggressors) inside our perimeter I ran/walk to area were [sic] calI had come from to check on security and act as a reactionary force in the dark I tripped over a tent stake falling very hard.” 10. In a 9 March 2009 letter of appeal, presumably to HRC, CRSC Branch, the applicant states in part: Your justification not to grant me (CRSC) was because I tripped over a tent stake, what difference does it make what I tripped over? Would it have been better if I would tripped over a log or fell over a fighting position it was dark and I was doing a security check of the perimeter as stated in my statement of what happened … Our company was in a FTX scenario (simulating war) The tactical exercises we were training on was setting up our perimeter with fighting positions in place, and then training to protect our perimeter. That is why OPP4 (aggressors) attacked our fighting positions. 11. The applicant’s former commander provided a letter of support, which states the applicant was actively participating in an FTX-which included the use of opposing forces (OPFOR) to better simulate battlefield conditions. It was during an engagement with the OPFOR that the applicant fell on his arm, injuring his elbow. 12. Title 10, U.S. Code, section 1413a, as amended, established CRSC. 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, especially hazardous military duty, training exercises that simulate war, or caused by an instrumentality of war. 13. The Office of the Under Secretary of Defense for Military Personnel Policy provided guidance for processing CRSC appeals. This guidance stipulated 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 or caused by an instrumentality of war. 14. Title 26, U.S. Code, section 104, states the term "combat-related injury" means personal injury or sickness that is incurred as a direct result of armed conflict; while engaged in extra hazardous service, under conditions simulating war; or which is caused by an instrumentality of war BOARD DISCUSSION: After review of the application and all evidence, including the applicant’s statements, supporting documents and prior HRC decisions, the Board determined there is insufficient evidence to grant relief. The Board found no error or injustice in the determination by the HRC in this case. According to the DoD Financial Management Regulation, Vol 7B, Chapter 630204, and Title 26, U.S. Code, section 104, to be considered combat-related, the proximal cause of the injury must be a direct result of armed conflict; while engaged in extra hazardous service, under conditions simulating war; or which is caused by an instrumentality of war. The applicant’s argument that the tent stake was an instrumentality of war that caused his injury is not supported, as a tent stake is not an instrumentality of war, despite the fact that the accident occurred while the applicant was on a field training exercise. The Board agreed that the proximate cause of the applicant’s injury to his arm was/is attributed to his simple negligence and not the intrinsic qualities of the tent stake. Therefore, the Board found no basis on which to grant relief to correct the applicant’s records as the Board found his arm injury is not combat related. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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. 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. REFERENCES: 1. Title 10, U.S. Code, section 1413a, as amended, established CRSC. 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, especially hazardous military duty, training exercises that simulate war, or caused by an instrumentality of war. CRSC eligibility includes disabilities incurred as a direct result of: * armed conflict (gunshot wounds, Purple Heart, etc.) * training that simulates war (exercises, field training, etc.) * hazardous duty (flight, diving, parachute duty) * an instrumentality of war (combat vehicles, weapons, Agent Orange, etc.) 2. The Office of the Under Secretary of Defense for Military Personnel Policy provided guidance for processing CRSC appeals. This guidance stipulated 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 or caused by an instrumentality of war. 3. Title 26, U.S. Code, section 104, states the term "combat-related injury" means personal injury or sickness that is incurred as a direct result of armed conflict; while engaged in extra hazardous service, under conditions simulating war; or which is caused by an instrumentality of war //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170014282 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1