RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            4 October 2005
      DOCKET NUMBER:   AR20050002123


      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. Mark D. Manning               |     |Chairperson          |
|     |Mr. Larry C. Bergquist            |     |Member               |
|     |Ms. Carmen Duncan                 |     |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 all of her Department of Veterans Affairs
(VA) rated disabilities be approved for Combat-Related Special Compensation
(CRSC).

2.  The applicant states that the VA has classified all of her disabilities
as Gulf War incurred.  Before she was deployed to the Persian Gulf she was
healthy.  After she left the Persian Gulf she started having headaches,
problems with her feet, hypertension and limited motion in her arm.  She
believes that the problem with her feet is due to her having to wear boots
24 hours a day because of her unit’s alert status, and the walking she had
to do when on guard duty.

3.  The applicant provides the denial of her request to reconsider her CRSC
application, her VA disability decision and rating, excerpts from her
military medical records, and her separation documents.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted on 27 March 1979, was awarded the military
occupational specialty of administrative specialist, and was promoted to
pay grade E-6.  She was honorably released from active duty on 31 March
1999 and placed on the Retired List the following day for years of service.

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 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.  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 12 November 2004, the US Army Physical Disability Agency (USAPDA)
CRSC Branch approved the applicant for CRSC for Post-Traumatic Stress
Disorder (50%).   The USAPDA CRSC Branch denied the applicant’s request for
hypertension (20%), limited motion of arm (20%), spinal disc condition
(20%), foot condition (two 10% ratings), and migraine headaches (10%).

5.  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 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.  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.  The applicant has not submitted any documentation which shows that any
of the contested disabilities are combat related.  The applicant has not
stated or shown that any of her disabilities were incurred during actual
combat or the simulation of combat.

4.  The denial of the applicant’s request does not mean she will not be
compensated for all of her service related disabilities.  The denial means
that she will not be compensated for the disabilities which weren’t
approved for CRSC in the first group of military retirees being given this
compensation.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___mdm_  ___cd____  ____lcb_  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.





            _________Mark D. Manning_________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050002123                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051004                                |
|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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