Interesting Case Verifying Combat Stressor

[Hoppy]

Citation Nr: 0722764

Decision Date: 07/25/07 Archive Date: 08/02/07

DOCKET NO. 04-37 979 ) DATE

..............In the present case, the veteran has alleged he served in

combat and reported stressors related to his service in the

Persian Gulf and Somalia.............. Most

significantly, a search performed by the Department of the

Army Center for Unit Records Research (CURR)(now the U.S.

Army and Joint Services Records Research Center or JSRRC)

explained that while it was unable to obtain the combat unit

records for the veteran's specific battalion, other combat

unit records submitted by units deployed to Somalia during

that period mentioned attacks against convoys, base camps

receiving fire, and local nationals attempting to break into

bases to steal food and equipment.

Therefore, although the veteran's military occupational

specialty was that of unit supply specialist, and he is not

the recipient of any awards or decorations that are

conclusive proof of combat service, the Board finds the

record is at an approximate balance as to whether the veteran

service in combat. Under the law, where there exists "an

approximate balance of positive and negative evidence

regarding the merits of an issue material to the

determination of the matter," the veteran shall prevail upon

the issue. Ashley v. Brown, 6 Vet. App. 52, 59 (1993); see

also Massey v. Brown, 7 Vet. App. 204, 206-207 (1994). The

phrase "engaged in combat with the enemy" requires that the

veteran have personally taken part in a fight or encounter

with a military foe or hostile unit of instrumentality and

the Board finds the veteran's statements combined with the

statement of J.A. and the response from CURR to be sufficient

proof of such a hostile encounter while stationed in Somalia.

Based upon this evidence, the Board finds the veteran engaged

in combat with the enemy during his active service and is

entitled to the presumption of 38 U.S.C.A. § 1154(:). See

VAOPGCPREC 12-99 (Oct. 18, 1999).

Another interesting point about this is, why did the Army and Joint Services Records Research Center or JSRRC) provide the information on the other units? Did they do this on their own accord or did the veterans POA argue that this type of information would validate the veteran's claims?

[yoggie2]

kinda ironic isn't it the guy dropping off fresh round/ammo gets awarded but the men using them fight tooth and nail....

[Quint7]

I actually went to Buffalo RO yesterday to drop off my info for my claim as I have 2 C&P's in a few weeks and was able to track down some pretty good stuff that the interviewer and rater CAN'T ignore. On one of the Gulf war pages they have declassified documents and I have the entire 3 days log for Task Force Ripper that I was a part of.... even has when 3rd Tanks commander said "Turn the demons loose" for us to dismount the grunts of A 1/7 that we were carrying to do a sweep of this over grown area...... and this one is amazing and I just found it last week... a HANDWRITTEN LOG BOOK kept by a tank commander in the battalion I was attached to! He talks aboutbreaching the Minefields, the oil smoke moving in, how scared they were, how they thought there were dismounted enemy among them when it was so black that you couldn't see yor hands... etc. I have to be honest... I have NEVER had flashbacks like I did reading that! I almost couldn't move for a while.......

I also found the by unit breakdown of all units in Desert Storm... it even listed MY PLATOON as being attatched to 3rd Tank Battalion! Some really good declassified info out there but man it is hard to find!

Here arethe links if anyone wants to take a look.

Unit Breakdown of Forces, US, Allies and Enemy for Desert Storm:

http://orbat.com/site/history/historical/u...tstorm1991.html

Task Force Ripper Declassified Timeline

http://www.gulflink.osd.mil/declassimages/...cls22_0001.html

Tank officer log book

http://www.gulflink.osd.mil/declassimages/...ecls5_0001.html

I don't know about other units or conflicts, but that "gulflink.osd.mil is a goldmine for anyone who is fighting VA on a PTSD claim.

[yoggie2]

Brother I was there bringing up the rear got picture if you can handle it oil fires (day time was night)we could hardly keep up with you guys, hell you bout killed us. and the destruction left behind, In your head your so pumped and can't believe its going down like this.

[Quint7]

Yoggie, I would love any pics you have from there. I think that my head is so far gone with thinking about that stuff more and more as I go through the whole VA process that there isn't anything you can send that will tweak me out. And I am one of those people that wants my family, etc to be able to look at the things I saw in my life, good, bad and ugly.

My email is jaymcg at yahoo dot com (the undercover way to list it! LOL). I was with 3rd Amtracs.... Delta Co outta 29 Palms. We carried A 1/7 and my platoon was with 3rd Tanks for the ground campaign. Lots of fireworks!

Cheers, Jason