RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 August 2006
      DOCKET NUMBER:  AR20060001019


      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:

|     |Ms. Jeanette R. McCants           |     |Chairperson          |
|     |Mr. Scott W. Faught               |     |Member               |
|     |Mr. Rowland C. Heflin             |     |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 that were incurred on 19 September 1962 be approved for
Combat-Related Special Compensation (CRSC).

2.  The applicant states that he was injured during an alert exercise.
Unfortunately, an error was made and his treatment record did not show that
he was injured during an alert exercise.  The treatment record improperly
showed that he was only on a duty status when he was injured.

3.  The applicant adds that he does not have any other evidence that his
injury was incurred during an alert exercise.

4.  The applicant provides the denial of his request to reconsider his CRSC
application, treatment records dated 20 September 1962, and VA rating
decisions.

CONSIDERATION OF EVIDENCE:

1.  On 20 September 1962, the applicant was treated for low back strain.
The treatment records show that the applicant reported having low back pain
after lifting a heavy box in the supply room.  The treatment record shows
that the applicant was on a duty status at the time.  However, the
treatment records do not mention the applicant being on an alert status.

2.  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.

3.  On 22 February 2005, the U.S. Army Physical Disability Agency (USAPDA)
Combat Related Special Compensation (CRSC) Branch denied the applicant’s
request for CRSC.

4.  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.  By the applicant’s own admission, the only record of his injury does
not show that he was on an alert status at that time.  For the purpose of
CRSC, the burden of proof rests with the applicant to show that a VA rated
disability is combat related.

3.  However, even if the applicant had evidence to show that he was injured
while on alert, he would also have to show that his disability is combat
related.  As stated above, the fact that a disability was incurred in a
theater of operations or during a training exercise is insufficient, in and
of itself, to warrant approval of CRSC.

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

___jrm __  ___rch __  ___swf__  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.





                                  ______Jeanette R. McCants______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001019                           |
|SUFFIX                  |                                        |
|RECON                   |20060824                                |
|DATE BOARDED            |YYYYMMDD                                |
|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]