BOARD DATE: 29 September 2011
DOCKET NUMBER: AR20110005575
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) for which he was previously denied.
2. He states:
* he was denied CRSC because he could not show that his post-traumatic stress disorder (PTSD) was combat-related
* he has enclosed a statement from his treating physician at the Department of Veterans Affairs (VA)
3. He provides:
* CRSC denial letter from the U.S. Army Human Resources Command, Fort Knox, KY, dated 14 February 2011
* a letter from his physician
CONSIDERATION OF EVIDENCE:
1. The applicant is a retired Regular Army staff sergeant (SSG) who was initially inducted into the Army of the United States on 13 December 1956.
2. He was honorably retired on 30 April 1977 and placed on the Retired List in the rank/grade of SSG/E-6 on 1 January 1977 after completing 20 years of active service. His record is void any evidence showing he suffered from a medical or psychological condition at the time of his separation.
3. On 14 February 2011, the CRSC Branch determined the applicant's hypertension, PTSD, and history of right thigh gunshot wound just lateral to the greater trochanter area without joint involvement and with tender scar were not combat-related and denied his request for CRSC for the final time.
4. He submitted a letter from his physician at the VA Medical Center, St. Louis, dated 15 March 2011, which states that in review of the applicant's initial and follow-up appointments, it was determined that his PTSD was a direct result of his combat experience in Vietnam.
5. His record does not contain any evidence and he has not provided any evidence showing his medical conditions were the result of combat.
6. CRSC, as established by Title 10, U.S. Code, section 1413a, 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 retiree
* receiving military retired pay
* have 10 percent or greater VA rated injury
* military retired pay is reduced by VA disability payments (VA Waiver)
and who are 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)
7. The Under Secretary of Defense for Military Personnel Policy provided policy guidance on the processing of CRSC appeals. In 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 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 especially hazardous duties such as parachuting or scuba diving.
2. The memorandum submitted by the applicant stated his PTSD was directly caused by his combat experience in Vietnam. Although the VA statement attests that his PTSD was a result of his combat experience in Vietnam that occurred almost 50 years ago, it is insufficient since there is no other corroborating evidence, such as a line of duty determination, that shows the PTSD was the result of his combat experience. As a result, it is also insufficient establishing a direct, causal relationship to the VA-rated disabilities to war or the simulation of war.
3. In view of the foregoing, his request should be denied.
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 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) AR20110005575
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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