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. | |
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