IN THE CASE OF:
BOARD DATE: 18 June 2009
DOCKET NUMBER: AR20090001565
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 the records of her husband, a deceased former service member (FSM), be corrected to show his medical conditions were determined to have been incurred as a direct result of armed conflict, specially hazardous military duty, training exercises that simulate war, or caused by an instrumentality of war and that his disability be considered eligible for award of Combat-Related Special Compensation (CRSC).
2. The applicant states, in effect, that FSM developed numerous medical conditions while in a combat zone.
3. The applicant provides numerous documents from the FSM's request for CRSC and the Department of Veterans Affairs (VA) in support of this application.
CONSIDERATION OF EVIDENCE:
1. CRSC, as established by Title 10, U.S. Code, section 1413a, 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 percent 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 percent disabled or who are rated at least 60 percent disabled as a direct result of armed conflict, specially hazardous duty, training exercises that simulate war, or caused by an instrumentality of war.
2. On 12 December 2008, the U.S. Human Resources Command informed the applicant that she was not eligible for CRSC benefits because her spouse was deceased. The letter continued that the reason for the ineligibility was that the FSM was not retired and that CRSC was not subject to any survivor benefits.
3. Additionally, the applicant did not state the specific qualifying medical conditions that she feels qualifies for CRSC benefits. There is no evidence in the available records which indicate the FSM's medical conditions were sustained as a result of a combat-related event.
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 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 stated that FSM had numerous medical conditions which qualifies for CRSC benefits. Notwithstanding the applicant's contention, there is no evidence in the available records and the applicant has not provided sufficient evidence which shows that the FSM's medical conditions 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. Unfortunately without evidence to establish a direct, causal relationship between the FSM's VA rated disabilities and war or the simulation of war, there is an insufficient basis in which to grant the applicant's request.
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) AR20090001565
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ABCMR Record of Proceedings (cont) AR20090001565
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