IN THE CASE OF:	  

		BOARD DATE:	  10 November 2011

		DOCKET NUMBER:  AR20110005353


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 a post traumatic stress disorder (PTSD).

2.  The applicant states:

	a.  he served during Operation Desert Storm/Desert Shield where his unit's critical mission operated in an arduous environment being responsible for casualty reporting, handling the remains of Soldiers killed in action (KIA), suicides, and other fatally injured, all while under continuous barrage by scud missile attacks;

	b.  the Department of Veterans Affairs (VA) determined the adverse conditions he served under during Desert Storm/Desert Shield along with the military sexual trauma he suffered formed the basis of his PTSD, resulting in a tremendous strain on his livelihood and quality of life;

	c.  he has received mental health treatment by the VA since August 2007; and

	d. despite the VA letter establishing the conditions that resulted in his PTSD, psychiatrists' statements, and other supporting documents, his request for CRSC continues to be denied.

3.  The applicant provides a self-authored statement and an indexed list of
10 enclosures.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 1 July 1975.  He completed training and he was awarded military occupational specialty (MOS) 71L (Administration Specialist).  He was honorably retired from active service on
30 June 1995 by reason of sufficient service for retirement, having completed
20 years of creditable active service.

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

	a.  A VA rating decision, dated 1 February 2010, which shows:

		(1)  His service treatment record from 1 July 1975 through 30 June 1995, were negative for PTSD.

		(2)  He reported missile attacks multiple times daily, being required to be in full mask gear day and night, as well as alarms of scud missiles day and night.

		(3)  He was awarded service-connected disability compensation for PTSD at 50 percent (%) effective 9 December 2008.  This rating also shows it was the examiner's opinion that the applicant's PTSD (complex type) was caused by or a result of military sexual trauma, combat exposure, and early physical abuse.

	b.  A letter from the CRSC Branch, U.S. Army Human Resources Command, Fort Knox (HRC-KNX), dated 16 April and 9 December 2010, denying his claims of entitlement to CRSC for multiple medical conditions which included PTSD.

	c.  An undated statement from a retired colonel who states she was the applicant's immediate supervisor during Desert Shield/Desert Storm from
1990-1991.  She details her command's arduous mission, as previously stated by the applicant, and adds the applicant appeared strong while in theater; however upon return to the United States the applicant:
   
* began to experience difficulties coping with the many scenes of combat-related situations
* personally informed her he was experiencing difficulties with his mental state and well-being
* 
expressed he was having flashbacks of the sexual trauma he encountered during his first months on active duty
* stressed his personal and family-related problems compounded his ability to stay focused and perform occupational duties due to constant mood swings, lack of concentration, and Gulf War flashbacks

	d.  Four letters, dated between 9 August 2007 through 10 June 2009, from VA health care facilities, that show the applicant's PTSD diagnosis, the resulting medication, progression or lack thereof, and the medical treatment he received for PTSD.

3.  CRSC, 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 VA for combat-related disabilities if it was 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, especially 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 VA rating, which granted him service-connection for PTSD (50%), shows the examiner indicated this condition resulted from the applicant's military sexual trauma, combat zone exposure, and early physical abuse.  By law, only those disabilities that are the direct result of armed conflict, especially hazardous military duty, training exercises that simulate war, or caused by an instrumentality of war are authorized CRSC.  Based on the examiner's opinion, the applicant's PTSD could have resulted from the early physical abuse he suffered and was subsequently aggravated by his military sexual trauma and combat zone exposure.

2.  CRSC criteria are specifically for those military retirees who have combat-related disabilities.  Incurring disabilities while in a theater of operations 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.

3.  The VA's determination which led to his PTSD diagnosis, over 13 years after his discharge from the Army, and the applicant's claim are all based on his reports of his combat-related experiences during the period in question.  There is no evidence of record to corroborate his claim he performed his duties during that period under a continual barrage or alarms of scud missiles.  

4.  Without evidence to establish a direct, causal relationship to the applicant’s VA rated disabilities to war (combat related experiences, not just combat zone experiences), there is an 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)                                         AR20110005353



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ABCMR Record of Proceedings (cont)                                         AR20110005353



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