IN THE CASE OF:	  

		BOARD DATE:	       14 August 2008

		DOCKET NUMBER:  AR20080005183 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (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 was awarded 10 percent service connected disability following his return from service in the Republic of Vietnam.  The applicant argues that his records were burned in the fire that occurred at the Army Personnel Center in St. Louis and that the VA intended to for his records to show that his injuries were combat-related.

3.  The applicant concludes that it is an injustice that the US Army Physical Disability Agency is demanding that he provide the documents that were destroyed in the fire as evidence to support the claim that his injuries were combat related.

4.  The applicant provides copies of all of his CRSC considerations including the final CRSC Reconsideration Decision, dated 3 August 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 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.  Records show that the VA rated the applicant's disabilities:  10 percent for Flat-foot condition (Feet-documentation does not show accident or incident to connect disability to any combat-related event) and 0 percent for Inflammation of Cornea (Left eye-documentation does not show accident or incident to connect disability to any combat related event).

3.  On 3 August 2007, the U.S. Army Physical Disability Agency (USAPDA) Combat-Related Special Compensation (CRSC) Branch denied the applicant’s 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.

4.  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. 

5.  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 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 flat foot condition and inflammation of the cornea were sustained while in a combat related situation, 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.  It is noted that the applicant's records were destroyed during the fire at the Records Center in St. Louis, however, 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.

4.  Although, there is insufficient evidence to grant the relief requested, this by no means diminishes the applicant’s dedicated service to and sacrifices for a grateful nation.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ___X__ _  ___X____  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.




      _______ _   _x______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080005183



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ABCMR Record of Proceedings (cont)                                         AR20080005183



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