IN THE CASE OF:	  

		BOARD DATE:	  21 September 2011

		DOCKET NUMBER:  AR20110005649 


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). 

2.  The applicant states he served as an artilleryman in a combat environment in Southwest Asia, Bosnia, and Kosovo.  He was not able to leave the front lines to seek professional medical attention.  As a senior noncommissioned officer, he was needed by his unit and country.  He believes if he had asked for help with his issues, it would have been shown as a sign of weakness to his leaders and subordinates.  That is the reason for the lack of documentation during the time he was in combat.  He did seek help after his redeployment and knowing his problems would not go away.  He is still being treated for his disabilities to this day. 

3.  The applicant provides:

* DA Form 2860 (Claim for CRSC)
* CRSC denial letters from the U.S. Army Human Resources Command, Fort Knox, KY (HRC-KNX), dated 24 February 2011
* DD Forms 214 (Certificate of Release or Discharge from Active Duty), dated 31 August 2003
* Department of Veterans Affairs (VA) rating decision, dated 18 February 2004 
* Various chronological records of medical care


CONSIDERATION OF EVIDENCE:

1.  Having had prior service, the applicant enlisted in the Regular Army on 16 July 1987 and he held military occupational specialty 63Z (Mechanic Maintenance Supervisor).  

2.  He served in through multiple reenlistments in a variety of stateside and overseas assignments, including Southwest Asia, from 30 December 1990 to 3 May 1991; Bosnia, 25 October 1996 to 2 April 1997; and Kosovo, 20 June to 20 December 1999.  He attained the rank/grade of master sergeant (MSG)/E-8. 

3.  He ultimately retired on 31 August 2003 and he was placed on the retired list in his retired rank/grade of MSG/E-8 on 1 September 2003.  He completed over 20 years of creditable active service. 

4.  His complete service and/or VA medical records are not available for review with this case; however, he provides:

	a.  VA rating decision, dated 18 February 2004, awarding him service-connected disability compensation for a depressive disorder. 

	b.  VA rating decision, dated 9 December 2003, awarding him service-connected disability compensation for paralumbar muscle spasm. 

	c.  Multiple chronological records of medical care related to a mental status evaluation and a diagnosis of a major depressive disorder. 

	d.  Letter, dated 24 February 2011, from HRC-KNX denying his CRSC claim for a depressive disorder and for paralumbat muscle spasms by reason of no evidence these conditions were combat-related. 

5.  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, 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 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 applicant has submitted evidence to show that his depressive disorder and muscle spasm are service related.  However, he has not submitted any evidence which would show that these conditions are combat related.  He refers to his service in Southwest Asia, Bosnia, and Kosovo as the locations of his combat service that caused his conditions but did not provide any evidence, such as an approved line of duty investigation or in-theater treatment records establishing such relationship. 

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)                                         AR20110005649





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ABCMR Record of Proceedings (cont)                                         AR20110005649



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