IN THE CASE OF:
BOARD DATE: 23 August 2011
DOCKET NUMBER: AR20110003537
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 correction of his records to show entitlement to Combat-Related Special Compensation (CRSC).
2. The applicant states his medical records where not completely reviewed to identify documentation supporting his request for CRSC. He was told the medical records entered into the system were hard to read. There is no mention of his medical records in the CRSC responses he has received.
3. The applicant provides copies of two denial letters from the U.S. Army Human Resources Command, Fort Knox, KY (HRC-Fort Knox); his service medical records; and Department of Veterans Affairs (VA) records.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant, a master sergeant, served on active duty in the Regular Army from 19 May 1983 through 31 January 2005, at which time he retired based on longevity (21 years, 8 months and 12 days).
3. He served in Southwest Asia from 19 September 1990 through 27 April 1991.
4. The applicant's service medical records show treatment for:
* alopecia areata [hair loss] from 1985
* back pain due to a back injury reported while stationed in Germany in 1984
* bronchitis from 1998
* high cholesterol from 1995]
* bilateral degenerative joint disease of the knees (from 1995) with a contusion of the left knee when struck by a helmet in 2002, and bruising of his right knee from falls in 1986 and 1994
* scoliosis from 1996
* pain in the shin (report once in 1984)
5. On 4 May 2005, the VA granted the applicant service connection for chronic bronchitis, chronic back strain, bilateral chrondromalacia of the knees, and alopecia areata [a medical condition in which hair is lost from some or all areas of the body, usually from the scalp].
6. On 27 July 2009, HRC-Fort Knox, CRSC officials notified the applicant his CRSC claim was denied. He was advised he had not provided the necessary evidence to properly adjudicate his case. The medical conditions addressed are bronchitis, bilateral degenerative arthritis of the knees, and chronic back strain. He was denied a service connection disability for blurred vision, exposure to nerve agents, and scoliosis of the dorsal spine.
7. On 18 January 2011, HRC-Fort Knox officials notified the applicant his claim for CRSC was denied. He was advised that the VA rating decision and his medical records were inconclusive concerning how he incurred his injuries. The medical conditions that were addressed were alopecia aerate, bronchial asthma, bilateral chrondromalacia of the knees, bilateral shin splints, and chronic back strain.
8. On 20 January 2010, the VA increased the applicant's ratings by adding bilateral shin splints, increasing the rating for asthma, continuing the ratings for his bilateral knee conditions, back strain, and alopecia aerate. He was denied compensation for his bilateral elbow conditions.
9. Title 10, U.S. Code Section 1413a sets forth the provisions for receipt of CRSC which is a monthly entitlement that allows eligible military retirees to recover some or all of their retired pay that was offset by their VA disability compensation. Eligible retirees must have a combat-related injury and may receive this entitlement in addition to any retired pay they receive from the Defense Finance and Accounting Service.
DISCUSSION AND CONCLUSIONS:
1. While the applicant provided documentation which shows he developed several conditions while on active duty for which he is in receipt of VA benefits, none of these conditions are shown to have been combat-related.
2. The applicant has submitted evidence to show that his conditions were service related. However, he has not submitted any evidence which would show that they were combat related. Even if he was in a theater of operations it is insufficient, in and of itself, to warrant approval of CRSC.
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) AR20110003537
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ABCMR Record of Proceedings (cont) AR20110003537
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