IN THE CASE OF:	  

		BOARD DATE:	    10 January 2012

		DOCKET NUMBER:  AR20110011116 


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 military records to show his post-traumatic stress disorder (PTSD) resulted from a combat-related event.

2.  The applicant states the Department of Veterans Affairs (VA) determined his PTSD does not qualify for Combat-Related Special Compensation (CRSC).

3.  The applicant provides:

	a.  a letter, U.S. Army Human Resources Command (HRC), Fort Knox, Kentucky, dated 17 March 2011;

	b.  a letter, VA Regional Office, St. Louis, Missouri, dated 16 September 2009;

	c.  a Veterans of Foreign Wars Magazine article, "Issues Up Front – PTSD Diagnoses to be Based on Veterans' Own Testimonies," November/December 2009 issue; and

	d.  VA Progress Notes, page 24, dated 1 October 2010.

CONSIDERATION OF EVIDENCE:

1.  At the time of his application, the applicant was retired from the U.S. Army Reserve in the rank/pay grade of staff sergeant/E-6.  He completed 22 years, 3 months, and 7 days of qualifying service for non-regular retirement.

2.  Records show the applicant served in the Republic of Vietnam (RVN) from 18 December 1970 to 11 December 1971 and in Saudi Arabia from 30 July 1991 to 10 July 1992.

3.  The VA Rating Decision, dated 14 February 2009, indicates the applicant's PTSD was not incurred in or caused by military service and, therefore, was not considered to be service connected.

4.  The applicant's service medical records are not available for review.

5.  There is no evidence of record showing the applicant was awarded the Purple Heart for wounds received as a result of enemy action.

6.  In a CRSC decision letter, dated 17 March 2009, HRC denied the applicant CRSC.  The claim indicates the applicant had a combined service-connected disability rating of 10 percent for paralysis of the ulnar nerve in his left hand.  There was no evidence showing this condition was combat related.

7.  The VA Rating Decision, dated 5 November 2010, indicates the applicant was granted service connection for PTSD rated at 30-percent disabling.  The VA based this decision on the applicant's service in the RVN, even though his military records do not support his claim of having participated in combat.

8.  An HRC CRSC denial decision, dated 31 January 2011, indicates the certifying officer was unable to verify the following conditions as combat-related disabilities:

VASRD*
DESCRIPTION
PERCENTAGE
JUSTIFICATION/COMMENTS
8516
Ulnar neuropathy, left hand
10 percent
Previously requested; no new evidence provided to show combat-related event caused condition.
9411
PTSD
30 percent
Documentation does not show accident or incident to connect disability to a combat-related event.
*VASRD:  VA Schedule for Rating Disabilities

9.  On 17 March 2011, the HRC CRSC Branch certifying officer notified the applicant that his request for CRSC had again been denied because the evidence did not show his medical conditions were the result of a combat-related event.  He was advised about his right to appeal to this Board by submitting evidence that shows his disabilities are combat related.

10.  The Under Secretary of Defense for Military Personnel Policy provided policy guidance for processing CRSC appeals.  The guidance states there must be evidence of the condition having a direct, causal relationship to war or the simulation of war for a condition to be considered combat related.

11.  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 weren't for the statutory prohibition for a military retiree to receive a VA disability pension.

	a.  Payment is made by the Military Department, not the VA, and is tax free.

	b.  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.

	c.  Qualified disabilities must be compensated by the VA and rated at least 10-percent disabling.

	d.  For periods before 1 January 2004 (the date this statute was amended), members had to have disabilities for which they were awarded the Purple Heart and were rated at least 10-percent disabled or who were rated at least 
60-percent disabled as a direct result of armed conflict, especially hazardous duty, training exercises that simulate war, or caused by an instrumentality of war.

	e.  Military retirees who are approved for CRSC must have waived a portion of their military retired pay because CRSC requires the Military Department to return to the military retiree a portion of the waived retired pay.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show his PTSD resulted from a combat-related event.

2.  The VA rating decisions clearly show the applicant's medical conditions have been reviewed several times, each time resulting in a finding of not being the result of a combat-related event.  This Board has no jurisdiction over how the VA makes its determinations.

3.  The available evidence clearly shows the applicant's requests for CRSC were denied because the available evidence failed to show his medical conditions were combat-related.  He has not provided any additional documentary evidence to indicate otherwise.

4.  The CRSC criteria are specifically for those retirees who have combat-related disabilities.  Simply incurring disabilities while in a theater of operations is not, in and of itself, sufficient to grant a military retiree CRSC.

5.  Furthermore, for periods of service prior to 2004, the CRSC criteria requires members to have disabilities for which they were awarded the Purple Heart and were rated at least 10-percent disabled or who were rated at least 60-percent disabled as a direct result of armed conflict, especially hazardous duty, training exercises that simulate war, or caused by an instrumentality of war.  There is no evidence showing the applicant met either of these requirements.

6.  In view of the above, the applicant's 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)                                         AR20110011116



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ABCMR Record of Proceedings (cont)                                         AR20110011116



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