IN THE CASE OF:	  

		BOARD DATE:	    30 August 2011

		DOCKET NUMBER:  AR20110000780 


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 award of Combat-Related Special Compensation (CRSC) based upon his award of a 30 percent disability rating from the Department of Veterans Affairs (VA) for service-connected Post Traumatic Stress Disorder (PTSD).

2.  He states he:

* suffers from PTSD as a result of his combat experience in the Republic of Vietnam while serving in the U.S. Marine Corps (USMC)
* ultimately retired from the Army
* was awarded a 30 percent disability rating from the VA for service-connected PTSD
* was denied CRSC and as a result his retired pay is being reduced by the amount of his VA compensation

3.  He provides:	

* his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for his active duty USMC service
* a letter from the VA indicating how his service is reflected in their records, dated 16 November 2005
* pages 1 and 3 of a VA Rating Decision, dated 26 May 2009
* a letter from the U.S. Army Human Resources Command, Fort Knox, KY, dated 19 November 2010

CONSIDERATION OF EVIDENCE:

1.  The applicant is a retired Army sergeant (SGT)/E-5 who initially enlisted in the USMC for a period of 2 years on 28 June 1968.  On 2 September 1970, he was honorably released from active duty and transferred to the USMC Reserve for the completion of his service obligation.  His DD Form 214 for this period contains the following information:

* item 22c (Foreign and/or Sea Service) shows 11 months and 12 days
* item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal with 1 bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  He completed numerous periods of service in the USMC Reserve, the USMC, the Army National Guard, and the U.S. Army Reserve (USAR). 

3.  His record contains Standard Forms (SF) 93 (Report of Medical History) and SF 88 (Report of Medical Examination) rendered during the period 8 November 1975 through 14 February 1991 on the occasions of his USAR enlistment, periodic quadrennial, and over 40 physical medical examinations.  At the time of each of these examinations he indicated he was in good health and that he had not experienced any psychological or psychiatric difficulties such as:  frequent trouble sleeping, depression or excessive worry, loss of memory or amnesia, nervous trouble of any sort, or periods of unconsciousness.  These forms also show that he had never been diagnosed or treated for any mental condition.

4.  His record contains DA Forms 2166-7 (Noncommissioned Officer Evaluation Report (NCOER)) covering the period from December 1988 through November 1991 which show he was able to perform his duties successfully.

5.  On 18 December 1994, he was released from the USAR and transferred to the Retired Reserve.  On 15 November 2006, he was honorably retired from the USAR and placed on the retired list in the retired rank/grade of SGT/E-5.  His ARPC Form 249-2-E (Chronological Statement of Retirement Points) shows he completed 20 years, 3 months, and 2 days of qualifying service for retirement.

6.  The applicant provides pages 1 and 3 of a VA Rating Decision rendered by the VA Regional Office located in Columbia on 26 May 2009.  This document shows the VA determined he suffers from service-connected PTSD incurred during his Vietnam Era service.  He was initially assigned a 10 percent disability rating on 20 July 2004 which was upgraded to 100 percent on 22 October 2008 and downgraded to his current rating of 30 percent on 1 January 2009.

7.  On 19 November 2010, the CRSC Branch of U.S. Army Human Resources Command, Fort Knox, KY, reconsidered the applicant's claim for the final time and determined that his condition was not combat-related and denied his request for CRSC.

8.  CRSC, as established by Section 1413a, Title 10, U.S. Code, as amended, states that eligible members are retired veterans with combat-related injuries who meet all of the following criteria:

* Active, Reserve or National Guard with 20 years of creditable service, or permanent medical retiree, or Temporary Early Retirement Authority (TERA) retiree
* receiving military retired pay
* have 10% or greater VA rated injury
* military retired pay is reduced by VA disability payments (VA Waiver)
* an individual must be able to provide documentary evidence that their injury was a result of one of the following:

* training that simulates war (e.g. exercises, field training)
* hazardous duty (e.g. flight, diving, parachute duty)
* an instrumentality of war (e.g. combat vehicles, weapons, Agent Orange)
* armed conflict (e.g. gunshot wounds (Purple Heart), punji stick injuries)

9.  The Under Secretary of Defense, 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 applicant has submitted documentation showing he was treated for a disability that he contends is combat-related.  The documents submitted by the applicant indicate the VA determined he has service-connected conditions.  He 

states he suffers from PTSD as a result of his combat experience in the Republic of Vietnam while serving in the USMC.  However, there is no evidence or indication that this medical condition was the result of a combat-related event.

2.  As stated above, the CRSC criteria are 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 especially hazardous duties such as parachuting or scuba diving.  The applicant has failed to provide documentation to show he meets any of these requirements.

3.  Although the applicant attests to his condition, it does not establish a direct, causal relationship to the VA rated disabilities as a result of war or the simulation of war.

4.  The applicant served in Vietnam while a member of the USMC.  This Board does not have access to his USMC personnel and/or medical records and thus has no knowledge of what his duties and/or medical history while in Vietnam were.  

5.  Without evidence to establish a direct, causal relationship to the applicant’s VA rated disabilities to war or the simulation of war, there is an insufficient basis on 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)                                         AR20110000780



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110000780



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1