RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           9 September 2004
      DOCKET NUMBER:   AR2003095679


      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. James E. Vick                 |     |Chairperson          |
|     |Mr. James E. Anderholm            |     |Member               |
|     |Ms. Linda D. Simmons              |     |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.  The applicant requests that his Department of Veterans Affairs (VA)
rated disability for coronary heart disease be considered combat related.

2.  The applicant states that his coronary heart disease is directly caused
by his diabetes mellitus, which has been accepted as combat related.  He
adds that the VA has awarded him a combined 100 percent disability rating
because of his unemployability.

3.  The applicant provides letters from two physicians who state that while
the applicant’s diabetes is not the only factor involved in his coronary
heart disease, it “certainly likely plays a prominent role in [the
applicant’s] development of ischemic heart disease.”

CONSIDERATION OF EVIDENCE:

1.  He was inducted and entered on active duty on 10 October 1958.  He was
honorably released from active duty and transferred to the Army Reserve on
13 September 1960.  He served on active duty in his status as a reservist
from 15 October 1961 to 9 August 1962.  He enlisted in the Regular Army on
10 August 1962 and served continuously, performing duties as a combat
engineer senior sergeant and being promoted to pay grade E-8, until his
separation for years of service on 30 June 1980.  During his career, he
served in Korean twice, Alaska once, Vietnam once, and Germany once.

2.  Combat-Related Special Compensation (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 January 1, 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.  Concurrent Retirement and Disability Payment (CRDP), as established by
the Fiscal Year (FY) 2004 National Defense Authorization Act (NDAA),
provides a 10-year phase-out of the offset to military retired pay due to
receipt of VA disability compensation for members whose combined disability
rating is 50% or greater.

4.  On 1 July 2003, the U.S. Army Physical Disability Agency (USAPDA)
Combat Related Special Compensation (CRSC) Branch determined that the
applicant’s coronary heart disease was not combat related and denied his
request for CRSC.  The USAPDA CRSC Branch did approve the applicant’s
diabetes, rated by the VA at 20 percent disabling, as combat related.

5.  In the processing of this case, an advisory opinion was obtained from
the Office of the Under Secretary of Defense (OUSD), Military Personnel
Policy.  The OUSD stated that while individuals with diabetes mellitus have
a higher incident rate for developing coronary heart disease, the coronary
heart disease is a separate and distinct illness not necessarily related to
the diabetes.  Since there is no conclusive evidence that links the
coronary heart disease to the diabetes, there is no direct casual
relationship between the disability and combat conditions.  The OUSD
recommends disapproval of the applicant’s request.  

6.  The applicant was provided a copy of this advisory opinion and given
the opportunity to respond.  He responded by providing documentation in
support of his request which shows his VA rated disabilities, which
includes coronary heart disease.  He also submits additional copies of the
letters from two physicians referenced above in applicant’s request,
statement, and evidence.

DISCUSSION AND CONCLUSIONS:

1.  CRSC was passed into law as the first stage of an ongoing legislative
initiative to eliminate the prohibition of military retirees from receiving
VA disability benefits.  Due to cost constraints, while all military
retirees will eventually receive concurrent receipt of VA disability
compensation, 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.  While diabetes is a
presumptive combat related condition for Vietnam veterans due to Agent
Orange, to attribute other, separate disabilities to that presumptive
combat relationship cannot be accepted without medical evidence of a direct
casual relationship.  Even the physician statements provided by the
applicant in support of his request state that his diabetes is not the only
factor involved in his coronary artery disease.  As such, without specific
evidence that the applicant’s coronary artery disease was the direct, sole
result of his diabetes, there is no basis for granting his request.

3.  The denial of the applicant’s request does not mean he will not be
compensated for his service related disabilities.  The denial means that he
will only be compensated for his one combat related disability effective 1
January 2004, and for his other disabilities under the CRDP in the future.

BOARD VOTE:

________  ________  ________  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 that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.





            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |YYYYMMDD                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |YYYYMMDD                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


                                    INDEX

|CASE ID                 |AR2003095679                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040909                                |
|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.                      |                                        |


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