Who is familiar with "Instrumentality of War" as defined in DODI 1332.38 1996 SUBJECT: Physical Disability Evaluation?

PO3 Aaron Hassay — Sat, 26 Oct 2019 03:02:47 -0400

Department of Defense
INSTRUCTION
NUMBER 1332.38
November 14, 1996

SUBJECT: Physical Disability Evaluation

2013 Combat-Related Iniury Or Disease
This standard covers those injuries and diseases attributable to the special dangers associated
with armed conflict or the preparation or training for armed conflict. Consider physical
disability to be combat-related if it makes the member Unfit, and was incurred under any of the
circumstances listed below.
E2.1.17. Instrumentality of War. A vehicle, vessel, or device designed
primarily for Military Service and intended for use in such Service at the time of the
occurrence of the injury. It may also be a vehicle, vessel, or device not designed
primarily for Military Service if use of or occurrence involving such a vehicle, vessel,
or device subjects the individual to a hazard peculiar to Military Service. This use or
occurrence differs from the use or occurrence under similar circumstances in civilian
pursuits. There must be a direct causal relationship between the use of the
instrumentality of war and the disability, and the disability must be incurred incident
to a hazard or risk of the service.
Further Navy Amplification

Navy SECNAV INSTRUCTION 1850.4D
From: Secretary of the Navy
Subj : DEPARTMENT OF THE NAVY DISABILITY EVALUATION MANUAL

2013 Combat-Related Iniury Or Disease
This standard covers those injuries and diseases attributable to the special dangers associated
with armed conflict or the preparation or training for armed conflict.

d. Caused by an instrumentalitv of war. Incurrence during a period of war is not required.
A favorable determination is made if the disability was incurred during 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 material. However, there must be a direct causal relationship between the
instrumentality of war and tlie disability. For example, an injury resulting from a service member
falling on the deck of a ship while participating in a sports activity would not normally be
considered an injury caused by an instrumentality of war (the ship) since the sports activity and not
the ship caused the fall. The exception occurs if the operation of the ship caused the fall. See
paragraphs 3506 and 3507

Response by PO3 Aaron Hassay made Oct 26 at 2019 3:26 AM

PO3 Aaron Hassay — Sat, 26 Oct 2019 03:26:19 -0400

When I walked into to the VA 2014, Vet Center I had to defend I was in a reserve enlistment. They only saw me on humanitarian waiver for a year then stopped services. I was sent right into high alert. Damn, I had to spend the last 6 years defending and trying to explain, to the VA and others, why and how I could possibly get a psych or physical injury that stopped a Navy Army Transfer 1998 as a bm on 2 guided missile frigates for 5 years. Worse off I was assigned as a in a reserve enlistment that was obligated for 8 years. They always attack my reserve enlistment serving side by side full time crew. Instead of honoring an honorable discharge, and what can actually happen assigned to these ships with that rate, when your pulled on and off duty every month for 5 years, screwing up your ability to adapt, they had me defend myself again and again and again for years due not what actually happened, but my enlistment package, taking away focus and time to get closer to my father, in the last years of my fathers life, who I had just met, and discovered was a wounded Army Soldier 11 LIB Vietnam 66-68 who could not raise me beyond my 8th birthday approximately GOD rest his soul RIP. Some at the VA and others beyond the VA, have no idea what an instrumentality of war is and the toll it can take.

yeah we can have that discussion you did more deployments or saw more action. I would of lost that equation to my dad as well. but no one wants to experience actually serving honorably on a guided missle frigate for any amount of time over 5 years, and not be able to walk into a va and be accepted. secondly i was the son of a vet the whole time, and never would see one support as a combat veterans dependent son

still I honor this great Nation as I swore an Oath to Defend The Constitution of 1788 and its Bill of Rights which gives us our civil rights.

I hated being labeled a reservist similar to being the wrong sex or religion, instead of being called a Navy Surface Warfare Sailor. I hated not being able to feel proud at the VA and in any other situation.

Response by PO3 Aaron Hassay made Oct 26 at 2019 4:12 AM

PO3 Aaron Hassay — Sat, 26 Oct 2019 04:12:02 -0400

https://youtu.be/2ifVdrdQ31g far before i got the va to understand why i could not stop fighting as the clips show never lost in this place, for like a decade on the street or underground all the while having troubles with housing etc just

punks versus hipster boxing matches

no hipster in this one, but its this guys second nock out for the evening.

Response by Cpl Gerald Tucker made Oct 26 at 2019 5:53 AM

Cpl Gerald Tucker — Sat, 26 Oct 2019 05:53:29 -0400

Wow!