RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 10 January 2006
DOCKET NUMBER: AR20050011428
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. Kenneth L. Wright | |Chairperson |
| |Mr. Dale E. DeBruler | |Member |
| |Mr. Qawiy A. Sabree | |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 his disabilities were incurred because they
were incurred during combat training. He was on orders for Vietnam but his
orders were revoked because of his military occupational specialty.
3. The applicant provides the denial of his request to reconsider his CRSC
application and VA medical records.
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 returning a portion of the waived
retired pay to the military retiree.
2. On 13 June 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 caused any of his
VA rated disabilities. As stated above, the fact that a disability was
incurred in a theater of operations or in training exercises is
insufficient, in and of itself, to warrant approval of CRSC.
3. While the applicant has submitted extensive VA medical records, he did
not submit any military medical records which would show initial and follow-
up medical treatment for his VA rated disabilities.
4. Without evidence to establish a direct, causal relationship to the
applicant’s 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
__klw ___ ___qas__ ____ded_ 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.
____Kenneth L. Wright________
CHAIRPERSON
INDEX
|CASE ID |AR20050011428 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20060110 |
|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. | |
-----------------------
[pic]
ARMY | BCMR | CY2007 | 20070014983
There is no evidence in the available record and the applicant has not provided evidence which shows that the Dermatophytosis and Lumbosacral or Cervical Strain were sustained as a direct result of armed conflict, specially hazardous duty, training exercises that simulate war, or caused by an instrumentality of war. 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. Without evidence to...
ARMY | BCMR | CY2007 | 20070007840
The applicant requests, in effect, that all of his Department of Veterans Affairs (VA) rated disabilities be approved for Combat-Related Special Compensation (CRSC). There is no evidence in the available record and the applicant has not provided evidence which shows that he sustained a VA Rated disability as a direct result of armed conflict, specially hazardous duty, training exercises that simulate war, or caused by an instrumentality of war. Without evidence to establish a direct,...
ARMY | BCMR | CY2007 | 20070011523
Specifically, the VA informed the applicant that his disabilities were service-related but there was insufficient evidence to show that they were combat-related or that they were sustained during training exercises that simulate war. There is no evidence in the available record and the applicant has not provided evidence which shows that he sustained a VA Rated disability as a direct result of armed conflict, specially hazardous duty, training exercises that simulate war, or caused by an...
ARMY | BCMR | CY2007 | 20070011913
The applicant requests, in effect, that all of his Department of Veterans Affairs (VA) rated disabilities be approved for Combat-Related Special Compensation (CRSC). 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 wasnt for the statutory prohibition for a military retiree to receive a VA...
ARMY | BCMR | CY2007 | 20070013338
There is no evidence in the available record and the applicant has not provided evidence which shows that he sustained a VA Rated disability as a direct result of armed conflict, specially hazardous duty, training exercises that simulate war, or caused by an instrumentality of war. 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. Without evidence to establish a direct, causal relationship...
ARMY | BCMR | CY2007 | 20070009699
The applicant requests, in effect, that all of his Department of Veterans Affairs (VA) rated disabilities be approved for Combat-Related Special Compensation (CRSC). The applicant has not stated that a particular injury caused any of his VA rated disabilities. Without evidence to establish a direct, causal relationship between the applicants VA rated disabilities and war or the simulation of war, there is insufficient basis in which to grant his request.
ARMY | BCMR | CY2007 | 20070008548
The applicant requests, in effect, that all of his Department of Veterans Affairs (VA) rated disabilities be approved for Combat-Related Special Compensation (CRSC). There is no evidence in the available records and the applicant has not provided evidence which show that he sustained a VA Rated disability as a direct result of armed conflict, specially hazardous duty, training exercises that simulate war, or caused by an instrumentality of war. Without evidence to establish a direct,...
ARMY | BCMR | CY2007 | 20070013327
Ms. Catherine C. Mitrano Director Mrs. Victoria A. Donaldson Analyst The following members, a quorum, were present: Ms. Linda D. Simmons Chairperson Mr. David K. Haasenritter Member Mr. Edward E. Montgomery Member The Board considered the following evidence: Exhibit A - Application for correction of military records. There is no evidence in the available record and the applicant has not provided evidence which shows that he sustained a VA Rated disability as a direct result of armed...
ARMY | BCMR | CY2007 | 20070006546
The applicant requests, in effect, that all of his Department of Veterans Affairs (VA) rated disabilities be approved for Combat-Related Special Compensation (CRSC). There is no evidence in the available records which show that the applicant sustained a VA Rated disability as a direct result of armed conflict, specially hazardous duty, training exercises that simulate war, or caused by an instrumentality of war. Without evidence to establish a direct, causal relationship to the applicants...
ARMY | BCMR | CY2006 | 20060002876C070205
Peguine M. Taylor | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that all of his Department of Veterans Affairs (VA) rated disabilities be approved for Combat-Related Special Compensation (CRSC). Without evidence to establish a direct, causal relationship to the applicant’s VA rated disabilities to war or the simulation of war, there is insufficient basis in which to grant his request.