IN THE CASE OF:
BOARD DATE: 20 September 2011
DOCKET NUMBER: AR20110005341
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 reconsideration of his previous request for his disabling health conditions to be considered as combat-related and that he be entitled to Combat-Related Special Compensation (CRSC) benefits.
2. The applicant states he disagrees with the decision to deny him CRSC benefits for his service-connected disabilities. His disabilities occurred while in combat-related training.
3. As new evidence the applicant provides a letter from the U.S. Army Human Resources Command (HRC) and a doctor's statement.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20100014337 on 6 January 2011.
2. The applicant's new evidence is:
a. A letter, dated 15 February 2011, from the Chief, CRSC Branch, HRC, wherein they denied his request for reconsideration of their earlier decision to deny his claim for CRSC. The Chief stated they were unable to verify that any of his disabilities were combat-related.
b. A letter, dated 24 February 2011, wherein the applicant's doctor states he has a history of severe major depression, gastrectomy with vagotomy, right knee problems, and anisocoria secondary to iritis. The applicant was a peacetime veteran and injured his knee while in the Army. He started having psychiatric problems and continued to have mental and physical problems after he was discharged. This doctor's believes the applicant has been permanently unable to work since being discharged.
3. The applicant's records show he enlisted in the Puerto Rico Army National Guard (PRARNG) and entered initial active duty for training on 9 April 1978. He completed basic training and had just started advanced individual training (AIT) as an infantryman when he was hospitalized for a bleeding ulcer.
4. Following surgery and the complications of adhesions at the surgical site, he was referred for disability processing for evaluation of this and additional eye problems caused by a piece of ceiling plaster that fell and hit him in the face.
5. On 11 April 1979, a Physical Evaluation Board (PEB) rated his gastro-intestinal problems as 40% disabling and two separate but related eye problems (each) as 10% disabling. Additionally, the PEB found "The members retirement is not based on disability resulting from injury or disease received in line of duty as a direct result of armed conflict or caused by an instrumentality of war."
6. On 29 October 1979, he was placed on the Temporary Disability Retired List (TDRL).
7. On 28 February 1981, the applicant was removed from the TDRL and permanently retired due to physical disability.
8. CRSC eligibility includes disabilities incurred as a direct result of:
* armed conflict (gunshot wounds, Purple Heart, etc)
* training that simulates war (exercises, field training, etc)
* hazardous duty (flight, diving, parachute duty)
* an instrumentality of war (combat vehicles, weapons, Agent Orange, etc)
9. Title 10, U.S. Code, section 1413a provides for payment of CRSC equal to the amount by which Department of Veterans Affairs (VA) disability benefits reduce retirement pay.
10. Current CRSC eligibility requirements provide that:
* retirees must apply to their respective branch of service to be approved for CRSC
* retirees must be in receipt of VA compensation
* retirees must be in receipt of military retired pay
* retirees must have an approved combat-related VA disability rating of 10% or greater
* retirees from active-duty must have 20 years of active service or be chapter 61 medical retirees with less than 20 years
* retired reservists must have 20 years of qualifying service (supported by documentation from the applicable branch of service such as a 20-year letter, retirement orders or a statement of service)
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms that although some of the applicant's disabilities occurred while he was on active duty and may be service-connected; however, none of his disabilities were caused by an instrumentality of war and/or are not combat-related. Therefore, he is not eligible for 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 the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20100014337, dated 6 January 2011.
__________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.
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