RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           1 November 2005
      DOCKET NUMBER:   AR20050003523


      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. Anderholm            |     |Chairperson          |
|     |Mr. Thomas E. O'Shaughnessy Jr.   |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |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 back strain be approved for Combat-Related Special
Compensation (CRSC).

2.  The applicant states that he injured his back when he was an anti-tank
gunner.  While on a field training exercise, he started to receive
simulated fire from the opposing force and had to quickly mount the 106mm
gun back on the jeep.  Since the driver wasn’t available to assist, he and
the assistant gunner loaded the gun, which is supposed to be mounted by
three individuals.  At that time he felt pain in his shoulder and back, but
didn’t seek medical treatment.  He was younger then and physical profiles
were frowned upon.

3.  In future assignments, he had no problem when performing desk type
duties, but experienced continuing pain when assigned to line companies.
However, he dealt with the pain primarily through pain medication given to
him by medical personnel assigned to the units.  He declined promotion to
sergeant major since he didn’t know if he could handle the duties of a
sergeant major assigned to an infantry battalion.

4.  The applicant provides the denial of his request to reconsider his CRSC
application, documentation showing that he was selected for promotion to
sergeant major, his separation document, and VA rating decisions.  He also
submits award certificates showing that he served on several division field
exercises and unit deployments to training areas..

CONSIDERATION OF EVIDENCE:

1.  Combat-Related Special Compensation (CRSC), as established by Section
1413a, Title 10, United States Code, as amended, provides for the payment
of the amount of money a military retiree would receive from the VA for
combat related disabilities if it wasn’t for the statutory prohibition for
a military retiree to receive a VA disability pension.  Payment is made by
the Military Department, not the VA, and is tax free.  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.
Military retirees who are approved for CRSC must have waived a portion of
their military retired pay since CRSC consists of the Military Department
returned a portion of the waived retired pay to the military retiree.

2.  On 25 January 2005, the U.S. Army Physical Disability Agency (USAPDA)
Combat Related Special Compensation (CRSC) Branch determined that the
applicant’s loss of motion of two fingers and traumatic arthritis were not
combat related and denied his request for CRSC.

3.  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.  The CRSC criteria is specifically for those military retirees who have
combat related disabilities.  Incurring disabilities while in a theater of
operations or in training exercises 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.

2.  The applicant himself has stated that he did not seek or receive
medical care when he felt pain when he lifted the 106mm gun.
Unfortunately, without evidence to establish a direct, causal relationship
to his back strain to war or the simulation of war, there is insufficient
basis in which to grant his request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___jea___  ____teo_  ____cak_  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.





            ____James E. Anderholm______
                  CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050003523                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051101                                |
|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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