RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 11 March 2008
DOCKET NUMBER: AR20060014360
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
Mrs. Victoria A. Donaldson
Analyst
The following members, a quorum, were present:
Mr. Frank C. Jones, II
Chairperson
Ms. Carmen Duncan
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, in effect, that he sustained a back injury and an ulcer as a result of serving in Operation Desert Storm.
3. The applicant provides CRSC Decision, dated 19 May 2005 and medical documentation in support of this application.
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
1. Counsel makes no specific request with this application.
2. Counsel states, in effect, that the applicant has begun his appeal with the VA. Counsel continues that if the applicant contends that his separation warranted a Medical Evaluation Board, then the contention would create a need for further review to determine if his separation was proper.
3. Counsel provides a copy of a VA Decision Document in support of this application.
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 wasnt 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 19 May 2005, the U.S. Army Physical Disability Agency (USAPDA) Combat-Related Special Compensation (CRSC) Branch denied the applicants request for reconsideration of his previous request for CRSC.
3. The applicant's record shows that he is currently receiving compensation from the VA for the following non-combat-related disabilities: 20 percent for Intervertebral Disc Syndrome; 10 percent for Condition of the Digestive System; and 10 percent for Skin Condition. There is no evidence in the available record which shows 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.
4. The Under Secretary of Defense (OUSD), Military Personnel Policy has provided policy guidance on the processing of CRSC appeals. In that guidance it was stated 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 are 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 stated that his back injury and ulcer were sustained during his service in Operation Desert Storm. However, there is no evidence in the available record and the applicant has not provided sufficient evidence which shows that his injuries were sustained during combat action or simulation of war. 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.
3. 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.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
_FCJ____ _CD___ _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.
_Richard T. Dunbar__
CHAIRPERSON
INDEX
CASE ID
AR
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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