RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 9 January 2007
DOCKET NUMBER: AR20060005816
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. Jerome L. Pionk | |Member |
| |Mr. Scott W. Faught | |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, in effect, that his military records be
corrected to show that he changed his election from Concurrent Receipt to
Combat Related Special Compensation (CRSC) effective 1 January 2004.
2. The applicant states that he was initially awarded 10 percent CRSC. At
that time it was more advantageous for him to accept Concurrent Receipt.
However, he asked the Department of Veterans Affairs (DVA) for a health
reassessment. After his health reassessment and the award of a new, higher
disability rating, he requested reconsideration of his CRSC application.
On 12 December 2005, his CRSC rating was increased to 60 percent, and he
was given entitlement to 100 percent CRSC because he had also been granted
Individual Unemployability Compensation (IUC) by the DVA.
3. However, when he asked for his CRSC payments to be effective 1 January
2004, he was told that he had elected to receive Concurrent Receipt instead
of CRSC and that election was not revocable.
4. The applicant explains that military retirees who are eligible for both
CRSC and Concurrent Receipt are given yearly election statements wherein
they choose which program they opt to receive benefits. When he was given
his last election statement, his CRSC had not yet been increased so it was
more advantageous for him to elect Concurrent Receipt.
5. The applicant believes that he should be paid CRSC at least from the
effective date indicated on his letter awarding him 60 percent CRSC.
6. The applicant provides documents pertaining to his CRSC applications
and approvals, DVA rating decision documents, and internet articles
pertaining to CRSC.
CONSIDERATION OF EVIDENCE:
1. On 16 September 2004, the U.S. Army Physical Disability Agency (USAPDA)
CRSC Branch approved the applicant for CRSC for diabetes mellitus (10
percent), and disapproved the applicant’s degenerative arthritis (40
percent), ventral hernia (20 percent), and hiatal hernia (10 percent).
2. In a 27 June 2005 DVA rating decision, the applicant’s rating for
diabetes mellitus was increased from 10 percent to 40 percent, his rating
for bilateral hearing loss was increased from zero percent to 20 percent,
and his rating for hypertension was increased from zero percent to 10
percent. In this rating decision the applicant was granted service
connection for coronary artery disease (30 percent), Post-Traumatic Stress
Disorder (10 percent), and tinnitus (10 percent). In the rating decision
the applicant was also awarded special monthly compensation based on loss
of use of creative organ and he was given entitlement to individual
unemployability.
3. On 12 December 2005, the USAPDA CRSC Branch increased the applicant’s
CRSC to 60 percent by approving his PTSD (10 percent), his arteriosclerotic
heart disease (30 percent) and his second rating for diabetes mellitus (40
percent). The effective date for the increase was 1 September 2005.
4. On 19 December 2005, the Defense Finance and Accounting Service (DFAS)
sent the applicant his annual election statement so he could choose between
Concurrent Receipt and CRSC for 2006. On 1 January 2006, the applicant
elected to receive CRSC.
DISCUSSION AND CONCLUSIONS:
1. Military retirees who are eligible for both CRSC and Concurrent Receipt
are given an open season once a year to elect which program they wish to
participate.
2. According to the applicant, he had elected Concurrent Receipt for 2005.
Based on that election, he was properly paid Concurrent Receipt for 2005.
3. There are no provisions to change an election made during the yearly
open season. Therefore, while the applicant’s CRSC was increased effective
1 September 2005, the applicant could not switch to CRSC until the next
open season.
4. To grant the applicant’s request would be giving him a benefit not
provided to other military retirees.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___jea___ ___jlp___ ___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.
______James E. Anderholm_______
CHAIRPERSON
INDEX
|CASE ID |AR20060005816 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20070109 |
|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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