RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 27 October 2005
DOCKET NUMBER: AR20050003558
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. Melvin H. Meyer | |Chairperson |
| |Mr. Allen L. Raub | |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 all of his Department of Veterans Affairs
(VA) rated disabilities be approved for Combat-Related Special Compensation
(CRSC).
2. The applicant states that the VA rated his disabilities, which were
caused during military exercises while:
a. jumping on and off howitzers and tactical vehicles onto very
rough terrain;
b. falling onto his knees and elbows when assuming a fighting
position;
c. bayonet and hand-to-hand combat training;
d. lifting 90 to 120 pound projectiles;
e. negotiating combat obstacle courses; and
f. rappelling and jumping out of helicopters.
3. The applicant provides his separation document and medical records.
The only medical record which shows that the applicant suffered an injury
was a treatment record dated 1 March 1984 which stated that the applicant
had “pain in his right shoulder after falling. Patient states he was
coming from Area Two Dining Facility [when he] walked over a dirt mound
covered with snow and slipped and fell. He landed on shoulder.”
CONSIDERATION OF EVIDENCE:
1. 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.
2. On 8 November 2004, the US Army Physical Disability Agency (USAPDA)
CRSC Branch denied the applicant’s 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 has provided many scenarios which he believes may have
caused or aggravated his VA rated disabilities. Unfortunately, his
unsupported beliefs on how his disabilities were incurred is insufficient
to establish a direct, causal relationship between his disabilities and
combat for CRSC purposes.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___alr ___ ____mhm ___lds__ 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.
________Melvin H. Meyer___________
CHAIRPERSON
INDEX
|CASE ID |AR20050003558 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20051027 |
|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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