RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  28 June 2007
	DOCKET NUMBER:  AR20060010970 


	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.  


Ms. Catherine C. Mitrano

Director

Mr. Edmund P. Mercanti

Analyst


The following members, a quorum, were present:


Mr. John T. Meixell

Chairperson

Mr. William F. Crain

Member

Mr. Dean A. Camarella

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 disability for bronchial asthma be approved for Combat Related Special Compensation (CRSC).

2.  The applicant states that while stationed at Fort Riley, Kansas in 1958, he inhaled chlorine gas because of a defective gas mask when he went through the gas chamber.  He spat up blood and was held in the hospital for observation as a result of that incident.  However, there is no record of his hospitalization.

3.  The applicant provides his CRSC denial, excerpts from his military records, and VA rating decisions.

CONSIDERATION OF EVIDENCE:

1.  On 31 January 1977 the applicant, a sergeant first class serving as a medical laboratory specialist, was retired for years of service.  In conjunction with his retirement, he underwent a physical examination on 20 August 1976.  At that time the applicant reported that he had coughed up blood in 1957 after inhaling chlorine gas through a defective gas mask.  The applicant was given a specialty consultation and was determined to be medically qualified for retirement with no physical profile restrictions.

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 15 July 2003, 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.  

5.  Asthma is caused by inflammation in the airways. When an asthma attack occurs, the muscles surrounding the airways become tight and the lining of the air passages swell.  This reduces the amount of air that can pass by, and can lead to wheezing sounds.  Most people with asthma have wheezing attacks separated by symptom-free periods.  Some patients have long-term shortness of breath with episodes of increased shortness of breath.  Still, in others, a cough may be the main symptom.  Asthma attacks can last minutes to days and can become dangerous if the airflow becomes severely restricted.  In sensitive individuals, asthma symptoms can be triggered by breathing in allergy-causing substances (called allergens or triggers).  Triggers include pet dander, dust mites, cockroach allergens, molds, or pollens.  Asthma symptoms can also be triggered by respiratory infections, exercise, cold air, tobacco smoke and other pollutants, stress, food, or drug allergies.  Aspirin and other non-steroidal anti-inflammatory medications (NSAIDS) provoke asthma in some patients.  Approximately 20.5 million Americans currently have asthma.  Many people with asthma have an individual or family history of allergies, such as hay fever (allergic rhinitis) or eczema.  Others have no history of allergies.  (MEDLINE PLUS)

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’s records show that he reported having inhaled chlorine gas in 1957 during his retirement physical examination in 1976.  As such, he served on active duty for 19 years after he claims to have inhaled the gas, and was determined medically qualified for retirement without any physical profile restrictions.

3.  The applicant himself states that there is no record of him being hospitalized for the gas inhalation.  

4.  However, even if the applicant did have evidence that he inhaled gas in 1957, there is no evidence or indication that caused his asthma.  

5.  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

___jtm___  ____dac_  ___wfc__  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 T. Meixell_______
          CHAIRPERSON




INDEX

CASE ID
AR20060010970
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070728
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.