IN THE CASE OF:
BOARD DATE: 18 November 2010
DOCKET NUMBER: AR20100012960
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, correction of her records to show approval for Combat-Related Special Compensation (CRSC) benefits.
2. The applicant states, in effect, that her disability was incurred while performing duties under conditions simulating war.
3. The applicant provides;
* Standard Forms (SF) 600 (Chronological Records of Medical Care), dated 7 December 2004, 21 January 2009, 23 January 2009, 1 February 2009,
3 March 2009, and 12 May 2009
* a Colonoscopy Report, dated 31 October 2005
* a letter from the HealthSouth Diagnostic Center of Columbus, GA, dated 24 November 2004
* a letter from the Certifying Officer, U.S. Army Human Resources Command, Alexandria, VA, (HRC-Alexandria) CRSC Branch, dated
12 January 2010
* a DA Form 285-AB-R (U.S. Army Abbreviated Ground Accident Report (AGAR)
* her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 11 May 2006
CONSIDERATION OF EVIDENCE:
1. Combat-Related Special Compensation, 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 were not 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% 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 the HRC-Alexandria CRSC Branch denied the applicants request for reconsideration of her previous CRSC request. Specifically, the VA determined the following conditions did not meet the criteria for award of CRSC benefits:
* Benign Growth of the Digestive System
* Limited Motion of Arm, Right Shoulder
3. There is no evidence of record and the applicant did not provide any evidence which shows the above medical 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 for 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 provided an SF 600 which shows her right shoulder cuff tear was determined to have occurred in the line of duty. She was awarded a 20% service-connected disability rating for her injury. However, it was not determined that her injury was combat-related.
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's contentions have been carefully considered. However, there is no available evidence to show that her injury was the result of simulation of war or combat-related action. The fact that a disability was incurred is insufficient, in and of itself, to warrant approval of CRSC. Additionally, the documentation provided by the applicant does not sufficiently support her contention.
3. Without evidence to establish a direct, causal relationship to the applicants 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
___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) AR20100012960
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100012960
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