RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 8 April 2008
DOCKET NUMBER: AR20070013327
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:
Ms. Linda D. Simmons
Chairperson
Mr. David K. Haasenritter
Member
Mr. Edward E. Montgomery
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 his lower back injuries were sustained while in the "field" which qualifies him for CRSC.
3. The applicant provides a CRSC Reconsideration Decision, dated 20 July 2007 and associated medical documentation 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 20 July 2007, 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. Specifically, the VA informed the applicant that his disabilities were service-related but there was insufficient evidence to show that they were combat-related or that they were sustained during training exercises that simulate war.
3. There is no evidence in the available record and the applicant has not provided evidence which shows that he 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.
5. The applicant CRSC application shows that he sustained his back injury while lifting tool boxes and other field gear while serving at Fort Hood.
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. Although the applicant contends that his back injury was sustained while in the field, merely serving in the "field" does not qualify the applicant for CRSC benefits. The applicant's records do not contain any evidence and the applicant does not provide sufficient evidence showing that his injuries were sustained while engaged in combat, while performing duties simulating combat conditions, or while performing specially hazardous duties such as parachuting or scuba diving.
3. Without evidence to establish a direct, causal relationship to the applicants 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
_LDS____ _DKH___ _EEM___ 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.
__Linda D. Simmons__
CHAIRPERSON
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