RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 11 August 2005 DOCKET NUMBER: AR20050001772 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Mr. Carl W. S. Chun Director Mr. Edmund P. Mercanti Analyst The following members, a quorum, were present: Mr. Edmund P. Mercanti Chairperson Ms. Deborah Jacobs Member Mr. Michael J. Flynn Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. In effect, the applicant requests that his Department of Veterans Affairs (VA) rated disability for spinal disc condition be approved for Combat-Related Special Compensation (CRSC). 2. The applicant states that although he was assigned to non-combat units while he was assigned to Vietnam, his compound came under mortar fire. Fearing an imminent ground attack, he began hand-filling sand bags. The applicant continues that since this was the only time he did anything physical in the Army except for basic combat training, this must be where he hurt his back. 3. The applicant provides his separation document, the denial of his CRSC application and his VA ratings. CONSIDERATION OF EVIDENCE: 1. The applicant was honorably released from active duty in the rank of sergeant first class on 30 June 1979 and was placed on the retired list the following day. He had 20 years, 6 months and 24 days of active duty. 2. 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, specially 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, specially 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. 3. On 10 January 2005, the U.S. Army Physical Disability Agency (USAPDA) Combat Related Special Compensation (CRSC) Branch denied the applicant’s request for CRSC. 4. In the processing of similar cases, advisory opinions were obtained from the Office of the Under Secretary of Defense (OUSD), Military Personnel Policy. The OUSD has maintained in these opinions 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. DISCUSSION AND CONCLUSIONS: 1. CRSC was passed into law as a legislative initiative to eliminate the prohibition of military retirees from receiving VA disability benefits. Due to cost constraints, only those military retirees who have disabilities incurred in combat, or in conditions simulating combat (which includes hazardous duties), are eligible for CRSC. 2. As stated above, the CRSC criteria is specifically for those military retirees who have combat related disabilities. Incurring disabilities while in a theater of operations 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 specially hazardous duties such as parachuting or scuba diving. 3. While the applicant states that he hurt his back during a mortar attack, he has not submitted any evidence to substantiate his contention. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___dj ___ ____jns__ ___mjf___ 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. _________John N. Slone__________ CHAIRPERSON INDEX CASE ID AR20050001772 SUFFIX RECON YYYYMMDD DATE BOARDED 20050811 TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) DATE OF DISCHARGE YYYYMMDD DISCHARGE AUTHORITY AR . . . . . DISCHARGE REASON BOARD DECISION DENY REVIEW AUTHORITY ISSUES 1. 2. 3. 4. 5. 6.