RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 21 September 2007
DOCKET NUMBER: AR20070002043
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. Michael J. Fowler
Analyst
The following members, a quorum, were present:
Mr. Conrad V. Meyer
Chairperson
Mr. Dale E. DeBruler
Member
Ms. Ernestine I. Fields
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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show service-connected disability of 40 percent in item 18 (Remarks).
2. The applicant states, in effect, that the non-entry of his service-connected disability denies him the payment of his full military pension as a Staff Sergeant (SSG) retired from the United States Army. He continues that he was denied his military pension/compensation under the Pay Restoration Act of 2005.
3. The applicant provides a DD Form 214 with the period ending 31 January 1990; and exhibits A thru F, consisting of several Veteran Affairs (VA) Rating Decisions that shows he was awarded a 40 percent disability rating, medical documents showing medical treatment for various illnesses, and various other VA documents.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 12 January 1970. On
31 January 1990, he retired.
2. By letter dated 20 December 2005, the VA verified the applicant was rated
40 percent service-connected disabled.
3. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. Chapter
2 contains item-by-item preparation instructions. It does not contain any instructions or authority for making entries on the DD Form 214 to show a Soldier has a service-connected disability in item 18.
4. Retirees rated 50 percent or more disabled by the VA receive Concurrent Retirement and Disability Payments (CRDP) from the Defense Finance and Accounting Service (DFAS) Cleveland Center. Congress granted this payment in the Defense Authorization Act of Fiscal Year 2004 which provided for phase-in restoration of the retired pay deducted from eligible retiree's accounts because of receipt of VA disability compensation. For most eligible retirees, that phase-in period will end in 2014 with receipt of full retired pay and disability compensation. However, retirees rated 100 percent disabled by VA reached full concurrent receipt in 2005. Retirees rated 100 percent service-connected by the VA as a result of combining their disability rating with their unemployability status have also had their full concurrent receipt date moved up by Congress, from 2014 to October 1, 2009.
5. The National Defense Authorization Act for Fiscal Year 2003 granted a special payment to certain disabled retirees - Combat Related Special Compensation (CRSC). CRSC is payable to certain disabled retirees who have at least 20 years of active duty or a combination of active duty and Reserve points equaling 20 years of full-time active duty. Those retired for disability must still have completed at least 20 years of service in order to meet the length-of-service requirements. Compensation is paid for combat-related disabilities, i.e., those incurred in combat, in a training exercise, or in the performance of hazardous duty. Members retired under the temporary early retirement authority are not eligible unless the member has been recalled to active duty long enough to accumulate 20 years or more of service.
6. To receive CRSC benefits, retirees must apply with their Branch of Service on a DD Form 2860 (Claim or Combat-Related Special Compensation (CRSC)). The Service will determine which disabilities, if any, qualify as combat-related. Additional information may be obtained by calling toll-free 1-866-281-3254 or accessing the CRSC web site at http://www.crsc.army.mil.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his service-connected disability in item 18 (Remarks). However, Army Regulation 635-5 does not contain any instructions or authority for making entries on the DD Form 214 to show a Soldier has a service-connected disability in item 18. Although with a 40 percent disability rating it does not appear the applicant is eligible for concurrent receipt of retired pay; however, he may wish to contact DFAS for assistance in resolving his military pension/compensation pay issues.
2. The applicant may also be referring to CRSC, in which case he can call the toll-free number given above for further information.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___CVM _ __DED__ __EIF___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that 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.
____Conrad V. Meyer____
CHAIRPERSON
INDEX
CASE ID
AR20070002043
SUFFIX
RECON
DATE BOARDED
21 SEPTEMBER 2007
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
MS. MITRANO
ISSUES 1.
145.0000.0000
2.
3.
4.
5.
6.
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