RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 23 November 2005
DOCKET NUMBER: AR20050007588
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. John N. Slone | |Chairperson |
| |Mr. Patrick H. McGann Jr. | |Member |
| |Mr. Larry J. Olson | |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 disabilities for major depressive disorder and chronic obstructive
pulmonary disease (COPD) be approved for Combat-Related Special
Compensation (CRSC).
2. The applicant states that incorrect Veterans Administration Schedule
for Rating Disability (VASRD) codes were assigned to his disabilities by
the VA. He has been advised to file his disability claim through Gulf War
channels since his two illnesses did not exist before 1991.
3. The applicant provides the denial of his request to reconsider his CRSC
application and VA rating decisions.
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 17 October 2005, the U.S. Army Physical Disability Agency (USAPDA)
Combat Related Special Compensation (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 not stated that a particular injury or event caused
either of his VA rated disabilities. As stated above, the fact that a
disability was incurred in a theater of operations is insufficient, in and
of itself, to warrant approval of CRSC.
3. Without evidence to establish a direct, causal relationship to the
applicant’s two VA rated disabilities 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
__jns____ ___phm _ ____ljo__ 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 |AR20050007588 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20051123 |
|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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