RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 9 January 2007
DOCKET NUMBER: AR20060007947
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 all of his Department of
Veterans Affairs (VA) rated disabilities be approved for Combat-Related
Special Compensation (CRSC).
2. The applicant states even though the VA has given him service
connection for four disabilities and has given him a combined disability
rating of 50 percent, the U.S. Army Physical Disability Agency (USAPDA)
CRSC Branch will not increase his CRSC rating.
3. The applicant provides the partial denial of his request to reconsider
his CRSC application and VA rating documents.
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 24 March 2006, the USAPDA CRSC Branch approved the applicant’s
lumbosacral or cervical strain (20 percent) and superficial scars (10
percent for CRSC, for a combined CRSC rating of 30 percent. .
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 why he believes his other VA disabilities
should be approved as combat related.
3. It would appear that the applicant is confusing service connection for
VA purposes with CRSC eligibility. These are not necessarily the same. If
they were the same, CRSC would be automatic for those military retirees
with VA disability pensions. Service connection for VA purposes means the
VA has determined that the disability was incurred or aggravated during
military service. CRSC determinations require evidence of a direct, causal
relationship to the military retiree’s VA rated disabilities to war or the
simulation of war.
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 |AR20060007947 |
|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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