IN THE CASE OF: BOARD DATE: 28 September 2023 DOCKET NUMBER: AR20230001092 APPLICANT REQUESTS: reversal of the U.S. Army Human Resources Command (AHRC) denial of Combat Related Special Compensation (CRSC). APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-authored letter * CRSC Form 12e (CRSC Reconsideration Request Form), 27 July 2021 * DA Form 2173 (Statement of Medical Examination Status), 19 July 2004 * DA Form 200 (Transmittal Record), 26 July 2004 * AHRC letter, 9 July 2021 * Army CRSC Reference Guide * Self- authored letter from Mr. * AHRC letter, 4 March 2022 * DA Form 31 (Request and Authority for Leave), 19 July 2004 * DA Form 4187 (Personnel Action), 20 July 2004 * DA Form 4187, 21 July 2004 * DD Form 689 (Individual Sick Slip), 21 July 2004 FACTS: 1. The applicant states in pertinent part that he was involved in a motor vehicle accident at Fort Drum, NY, while participating in a pre-deployment training exercise. He contests that while driving a military vehicle during an evening training exercise, his vehicle was struck by another causing it to roll over. During this incident, he was rendered unconscious and transported to the emergency room for treatment. While at the emergency room the health care providers determined that he sustained bilateral rotator cuff tears, a back injury, bilateral knee injuries as well as a hip injury. He notes that these injuries have resulted in anxiety and sleeplessness which were eventually contributing factors to his diagnosis of sleep apnea. 2. A review of the applicant's available service records reflects the following: a. On 4 October 1994, the applicant enlisted in the Regular Army to serve as a 52D (Power Generator Equipment Repairer). b. On 8 February 2003, the applicant was honorably released from active duty and transferred into the U.S. Army Reserve. c. On 14 March 2004, the applicant was ordered to active duty. d. On 13 March 2007, the applicant was released from active duty. e. On 30 July 2007, the applicant was ordered to active duty. f. On 16 September 2010, the applicant was issued a Notification of Eligibility for Retired Pay at Age 60 (Twenty Year letter). g. On 30 June 2015, the applicant was released from active duty and transferred into the U.S. Army Reserve Control Group (Retired Reserve). h. On 2 July 2021, the applicant applied for CRSC based upon 14 rated disabilities. i. On 9 July 2021, the applicant was awarded CRSC for the following 2 combat related conditions: * Tinnitus * Bilateral Hearing Loss The applicant was denied CRSC for the following 12 conditions: * Post-Traumatic Stress Disorder (PTSD); no documentation of personal exposure to armed conflict * Obstructive Sleep Apnea; does not meet criteria for CRSC * Right Shoulder Rotator Cuff Tear; documentation does not reflect accident or incident connection to a combat related event * Left Shoulder Rotator Cuff Tear; documentation does not reflect accident or incident connection to a combat related event * Lumbosacral Strain with Degenerative Arthritis of the Spine; documentation does not reflect accident or incident connection to a combat related event * Right knee strain: condition is secondary to a condition which is not combat related * Right hip strain w/ Impairment of Thigh; condition is secondary to a condition which is not combat related * Left Knee Meniscal Tear; documentation does not reflect accident or incident connection to a combat related event * Right Hip Strain w/ Impairment of the Thigh; condition is secondary to a condition which is not combat related * Radiculopathy, Right Lower Extremity; condition is secondary to a condition which is not combat related * Radiculopathy, Left Lower Extremity; condition is secondary to a condition which is not combat related * Right Hip Strain w/ Limitation of Extension; condition is secondary to a condition which is not combat related * Right Hip Strain w/ Limitation of Flexion; condition is secondary to a condition which is not combat related j. On 5 August 2021, AHRC denied the applicant's claim for CRSC for the previously mentioned 12 rated conditions. k. On 13 September 2021, AHRC reviewed the applicant's appeal for CRSC and again denied his request noting that the documentation submitted failed to mention a combat related event in relationship to the resulting disabilities being claimed. This determination was considered final. l. On 21 October 2021, AHRC advised the applicant that they were unable to process his subsequent appeal of their decision, noting that the previously provided decision was final. m. On 4 March 2022, AHRC advised the applicant that after reviewing his submitted documentation in support of his claim, they were unable to overturn the previous adjudications. This disapproval was considered final. 3. The applicant provides: a. CRSC Form 12e dated 27 July 2021, reflective of the applicant's submitted request for CRSC. The applicant notes the submission of additional documentation related to the vehicle accident occurring during the training exercise at Fort Drum, NY. b. DA Form 2173 dated 19 July 2004, reflective of information pertaining to a motor vehicle accident, involving the applicant, wherein the vehicle departed the highway and rolled over. The applicant was on active duty during this incident and the commander determined that the incident occurred in the line of duty. No causative action is indicated on this document. The applicant was transported to University Hospital for outpatient treatment. c. DA Form 200 dated 26 July 2004, reflective of paperwork related to the motor vehicle accident being forwarded from the applicant's battalion to his brigade for review. d. Army CRSC Reference Guide, reflective of information pertaining to submitting request's for CRSC. e. Self- authored letter from Mr. , reflective of his account of the motor vehicle accident that the applicant was involved in. Mr. notes that during an evening convoy training exercise, the applicant's vehicle was impacted from the side causing it to roll over. He notes that the applicant sustained a head injury and was transported to the Fort Drum Medical Clinic. He recalls the applicant being rendered unconscious and remained in the hospital overnight. f. DA Form 31 dated 19 July 2004, reflective of the applicant being placed on convalescent leave for 3 days (21-23 July 2004) as a result of the vehicle accident. g. DA Form 4187 dated 20 July 2004, reflective of the applicant being hospitalized on the 19 July 2004 due to the motor vehicle accident and subsequently released on 20 July 2004. h. DA Form 4187 dated 21 July 2004, reflective of the applicant being released from the hospital and placed on convalescent leave on 21 July 2004. i. DD Form 689 dated 21 July 2004, reflective of the applicant seeking medical care for a head injury sustained during an off-post motor vehicle accident. The applicant was placed on quarters for 72 hours. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is not warranted. 2. The Board found insufficient evidence indicating the applicant has any additional disabilities that meet the published criteria for CRSC. The Board noted the motor vehicle accident involving the applicant, though it appears to have involved a military vehicle, does not meet the criteria for CRSC as the evidence does not demonstrate that any disabling conditions resulting from the accident were incurred as a direct result of armed conflict, while engaged in hazardous service, in the performance of duty under conditions simulating war, or through an instrumentality of war as defined by the Department of Defense. Based on a preponderance of the evidence, the Board determined AHRC’s decision to deny CRSC for all but two disabling conditions was not in error or unjust. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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 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. Department of Defense Financial Management Regulation, Volume 7B: a. Section 630301 states a member may not be paid CRSC unless he or she has applied for and elected to receive compensation under the CRSC program by filing an application on DD Form 2860 (Claim for CRSC), with the Military Department from which he or she retired. A member may submit an application for CRSC at any time and, if otherwise qualified for CRSC, compensation will be paid for any month after May 2003 for which all conditions of eligibility were met. b. Section 630502 states a combat-related disability is a disability with an assigned medical diagnosis code from the VA Schedule Rating of Disabilities (VASRD). The Military Departments will determine whether a disability is combat-related based on the following criteria: * as a direct result of armed conflict * while engaged in hazardous service * in the performance of duty under conditions simulating war, or * through an instrumentality of war c. The Department will record for each disability determined to be combat-related which of the circumstances provided qualifies the disability as combat-related. A determination of combat-relatedness (see section 6306) will be made with respect to each separate disability with an assigned medical diagnosis code from the VASRD. A retiree may have disabilities that are not combat-related. Such disabilities will not be considered in determining eligibility for CRSC or the amount of CRSC payable. An uncorroborated statement in a record that a disability is combat-related will not, by itself, be considered determinative for purposes of meeting the combat-related standards for CRSC prescribed herein. CRSC determinations must be made on the basis of the program criteria. d. Section 6306 (Determinations of Combat Relatedness): (1) Direct Result of Armed Conflict: (a) The disability is a disease or injury incurred in the line of duty as a direct result of armed conflict. To support a combat-related determination, it is not sufficient to only state the fact that a member incurred the disability during a period of war, in an area of armed conflict, or while participating in combat operations. There must be a definite causal relationship between the armed conflict and the resulting disability. (b) Armed conflict includes a war, expedition, occupation of an area or territory, battle, skirmish, raid, invasion, rebellion, insurrection, guerilla action, riot, or any other action in which Service members are engaged with a hostile or belligerent nation, faction, force, or with terrorists. (c) Armed conflict may also include such situations as incidents involving a member while interned as a prisoner of war or while detained against his or her will in custody of a hostile or belligerent force, or while escaping or attempting to escape from such confinement, prisoner of war, or detained status. (2) While Engaged in Hazardous Service. Hazardous service is service that includes, but is not limited to, aerial flight, parachute duty, demolition duty, experimental stress duty, and diving duty. A finding that a disability is the result of such hazardous service requires that the injury or disease be the direct result of actions taken in the performance of such service. Travel to and from such service, or actions incidental to a normal duty status not considered hazardous, are not included. (3) In the Performance of Duty Under Conditions Simulating War. In general, performance of duty under conditions simulating war covers disabilities resulting from military training, such as war games, practice alerts, tactical exercises, airborne operations, leadership reaction courses, grenade and live fire weapon practice, bayonet training, hand-to-hand combat training, repelling, and negotiation of combat confidence and obstacle courses. It does not include physical training activities such as calisthenics, jogging, formation running, or supervised sport activities. (4) Instrumentality of War: (a) There must be a direct causal relationship between the instrumentality of war and the disability. It is not required that a member's disability be incurred during an actual period of war. The disability must be incurred incident to a hazard or risk of the service. (b) An instrumentality of war is a vehicle, vessel, or device designed primarily for Military Service and intended for use in such Service at the time of the occurrence or injury. It may also include such instrumentality not designed primarily for Military Service if use of or occurrence involving such instrumentality subjects the individual to a hazard peculiar to Military Service. Such use or occurrence differs from the use or occurrence under similar circumstances in civilian pursuits. (c) A determination that a disability is the result of an instrumentality of war may be made if the disability was incurred in any period of service as a result of such diverse causes as wounds caused by a military weapon, accidents involving a military combat vehicle, injury or sickness caused by fumes, gases, or explosion of military ordnance, vehicles, or materiel. (d) For example, if a member is on a field exercise, and is engaged in a sporting activity and falls and strikes an armored vehicle, then the injury will not be considered to result from the instrumentality of war (armored vehicle) because it was the sporting activity that was the cause of the injury, not the vehicle. On the other hand, if the individual was engaged in the same sporting activity and the armored vehicle struck the member, then the injury would be considered the result of an instrumentality of war. 2. Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)) paragraph 2-9 states the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230001092 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1