IN THE CASE OF:
BOARD DATE: 10 March 2009
DOCKET NUMBER: AR20090001912
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 his records be corrected to show his schizophrenia was 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 this disability is eligible for award of Combat-Related Special Compensation (CRSC).
2. The applicant states, in effect, that his schizophrenia was incurred while he was deployed.
3. The applicant provides a CRSC Reconsideration Decision, dated 10 June 2008 and medical documentation 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 Department of Veterans Affairs (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. 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 10 June 2008, the U.S. Army Physical Disability Agency (USAPDA) CRSC Branch informed the applicant that his schizophrenia was not a qualifying condition because there was no evidence to show that a combat-related event caused the condition.
3. Although evidence shows that the applicant was in fact diagnosed with schizophrenia, there is no evidence in the available record which shows that this conditions were sustained 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 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 has stated that his schizophrenia was incurred while he was deployed. Notwithstanding the applicant's contention, there is no evidence in the available record and the applicant has not provided sufficient evidence which shows that his medical condition was 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
___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) AR20090001912
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090001912
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100016615
The applicant requests, in effect, correction of his records to show his schizophrenia was 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 this disability is eligible for award of Combat-Related Special Compensation (CRSC). He provides the following documents: * a letter from a VA hospital physician, dated 26 May 2010 * a letter from U.S. Army Human...
ARMY | BCMR | CY2009 | 20090001574
The applicant requests, in effect, that his records be corrected to show his injuries were determined to have been incurred as the direct result of armed conflict, specially hazardous military duty, training exercises that simulate war, or caused by an instrumentality of war. 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. Without evidence to establish a direct, causal relationship...
ARMY | BCMR | CY2009 | 20090002235
The applicant requests, in effect, that his records be corrected to show his leukemia was 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 disabilities are qualifying for award of Combat-Related Special Compensation (CRSC). Notwithstanding the applicant's contention, there is no evidence in the available record and the applicant has not provided...
ARMY | BCMR | CY2009 | 20090001105
The applicant requests, in effect, that her records be corrected to show her bilateral knee injury was determined to have been incurred as the direct result of armed conflict, specially hazardous military duty, training exercises that simulate war, or caused by an instrumentality of war. 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. Without evidence to establish a direct, causal...
ARMY | BCMR | CY2014 | 20140001842
The applicant states he was told to apply to the Army Board for Correction of Military Records (ABCMR). 24 March 1987, a medical evaluation board diagnosed him with a schizophrenia disorder and referred him to a physical evaluation board. Unfortunately, there is no evidence in the available record that shows these conditions were sustained as a direct result of armed conflict, especially hazardous duty, training exercises that simulate war, or caused by an instrumentality of war.
ARMY | BCMR | CY2011 | 20110011044
Incurring disabilities in a theater of operations or in training exercises is not, in and of itself, sufficient to grant a military retiree CRSC. In order to qualify for CRSC, the military retiree must show the disability met the established disability criteria and was incurred while engaged in combat, while performing duties simulating combat conditions, or while performing especially hazardous duties such as parachuting or scuba diving. Without evidence to establish a direct, causal...
ARMY | BCMR | CY2013 | 20130018727
Title 10, U.S. Code, section 1413a (CRSC) provides that eligible members are those retirees who have 20 years of service for retired pay computation or are medical retirees 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. For periods before 1 January 2004, members had to have disabilities for which they were awarded the Purple Heart and are rated at least...
ARMY | BCMR | CY2008 | 20080018831
The applicant requests, in effect, that all of his Department of Veterans Affairs (VA) rated disabilities be approved for Combat-Related Special Compensation (CRSC). Specifically, the VA determined the following conditions to be service-related but there is insufficient evidence to show that they were combat-related: a. 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...
ARMY | BCMR | CY2009 | 20090003937
The applicant requests, in effect, that all of his Department of Veterans Affairs (VA) rated disabilities be approved for Combat-Related Special Compensation (CRSC). 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. Without evidence to establish a direct,...
ARMY | BCMR | CY2009 | 20090010603
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. 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. Without evidence to establish a direct, causal relationship...