IN THE CASE OF:	  

		BOARD DATE:	  28 July 2011

		DOCKET NUMBER:  AR20110002331 


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, reversal of the decision to deny him combat-related special compensation (CRSC) for post-traumatic stress disorder (PTSD). 

2.  The applicant states:

* He thinks someone overlooked his PTSD stressors shown on page 6 of his Department of Veterans Affairs (VA) initial evaluation report
* He served in Vietnam from 1968 to 1969 and his stressors were combat related
* He does not know if there is an  error in his records or not; all he knows is that he applied for CRSC for PTSD
* He was denied CRSC because his PTSD is not combat-related 
* He did not ask for CRSC for his hypertension, hearing, and fracture of the toe; he does not know who added these conditions

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Psychiatric Report, dated 1 December 2004
* VA rating/appeal decision, dated 2 June 2004
* VA PTSD Initial Evaluation - Progress Notes, dated 18 August 2009
* CRSC denial letter from the U.S. Army Human Resources Command, Fort Knox, KY (HRC-KNX), dated 29 December 2010


CONSIDERATION OF EVIDENCE:

1.  The applicant is a Retired Army (RA) first sergeant (1SG) who was initially inducted into the Army of the United States on 19 July 1963.  He held various field artillery military occupational specialties and served in a variety of stateside and overseas assignments, including:

* Germany, 27 March 1966 - 23 February 1968
* Vietnam, 27 April 1968 - 26 April 1969
* Germany, 28 May 1969 - 11 August 1972
* Greece, 26 January 1975 - 21 February 1976
* Hawaii, 18 November 1977 - 17 November 1979
* Korea, 29 October 1984 - 24 August 1985

2.  He was honorably retired on 31 October 1985 and placed on the retired list in his retired rank/grade of 1SG/E-8 on 1 November 1985.  His DD Form 214 shows he completed 22 years, 3 months, and 13 days of creditable active service. 

3.  His complete service and/or VA medical records are not available for review with this case.  He provides:

	a.  A civilian psychiatric report, dated 1 December 2004, which shows he was diagnosed with PTSD, chronic major depression, hypertension, and Vietnam-era stressors.

	b.  VA initial evaluation/progress notes, dated 18 August 2009, wherein he stated on page 6 that the primary stressors occurred when a friend was using drugs and out of authorized area when he was killed in an ambush - he was shot in the groin multiple times.  He [Applicant] did not see the body afterward.  He thinks the date was around April 1968.  He also reported he was regularly exposed to sniper fire and rocket attacks.  He could not remember the specific dates of those events but he knew it was in 1968/1969.  He also reported he lost several friends to combat but denied ever seeing anyone die in action that he was close to.  He also knew some died afterward in the hospital.  

	c.  VA decision on his appeal, dated 2 June 2010, which shows he was awarded a 30% service-connected disability compensation or PTSD, effective 26 August 2004.

	d.  Letter, dated 29 December 2010, from HRC-KNX informing him of lack of justification to reverse the previous decision to deny his CRSC claim.  The denial letter states:
* Hypertension: does not meet CRSC criteria unless it is a secondary condition to diabetes mellitus caused by Agent Orange exposure or secondary to another combat-related condition
* Hearing Loss: no evidence to show combat-related event caused condition
* PTSD: no evidence to show combat-related event caused condition
* Fracture of left toe: no evidence to show combat-related event caused condition

4.  CRSC, as established by section 1413a, Title 10, U.S. 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.

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 submitted evidence to show that his PTSD is service related.  However, he has not submitted any evidence which would show that his PTSD is combat related.  He refers to his VA initial evaluation report wherein he related to the examiner that his stressors were combat related; however, he did not prove such relationship.  The fact that he was in a theater of operations is insufficient, in and of itself, to warrant approval of CRSC.
3.  The applicant appears to confuse service connection for VA purposes with CRSC eligibility.  These are not necessarily the same.  If they were the same, CRSC would be automatic for those military retirees with VA disability pensions.  Service connection for VA purposes means the VA has determined that the disability was incurred or aggravated during military service.  CRSC determinations require evidence of a direct, causal relationship to the military retiree’s VA rated disabilities to war or the simulation of war.

4.  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.

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)                                         AR20110002331





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ABCMR Record of Proceedings (cont)                                         AR20110002331



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