IN THE CASE OF:
BOARD DATE: 8 December 2011
DOCKET NUMBER: AR20110011512
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 his impaired hearing.
2. The applicant states he followed the instructions in the U.S. Army Human Resources Command (HRC) website and submitted a medical evaluation stating his hearing loss was due to acoustic trauma. However, his application was denied.
3. The applicant provides copies of the following documents:
* Medical Department Activity (MEDDAC) Form 113, dated 15 April 1975
* Department of Veterans Affairs (VA) letter, dated 26 May 1986
* VA Rating Decision, dated 27 March 2010
* HRC letter, dated 24 March 2011
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army with parental agreement on 17 October 1966. His Standard Form 88 (Report of Medical Examination), dated 17 October 1966, shows in item 74 (Summary of Defects), [item] "71 Impairment of Hearing" and item 76 shows a physical profile [PULHES] rating of "2" in the H [hearing] factor.
2. The applicant completed training as a decontamination specialist and served in Vietnam from 7 June 1967 to June 1968. He reenlisted on 14 July 1968 and again served in Vietnam from February 1971 to January 1972.
3. He was again issued an "H2" physical profile in 1970 and 1976. On 14 December 1981, an "H3" physical profile was issued for mild to moderate mid to high-frequency hearing loss in both ears. Exposure to loud noises was permitted only with properly-fitted hearing protectors (ear plugs or ear muffs).
4. His complete service and/or VA medical records are not available for review with this case. He provides:
a. a MEDDAC Form 113, this 15 April 1975 Audiometric Evaluation Record shows an "H2" physical profile, secondary to acoustic trauma;
b. a VA letter, this 26 May 1987 document informed the applicant that his hearing loss has been rated at 20 percent;
c. a VA Rating Decision, dated 27 March 2010, informed the applicant that his impaired hearing had been reevaluated at 30 percent; and
d. an HRC letter, dated 24 March 2011, denied the applicant's CRSC request upon reconsideration because he had not provided any new evidence to show his hearing loss was combat related.
5. 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. 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-percent 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-percent disabled or who are rated at least 60-percent 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 applicant contends that his military records should be corrected to show he is eligible for CRSC because his hearing loss was service connected.
2. The CRSC criteria are 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 the disability was incurred while engaged in combat or while performing duties simulating war.
3. There is no available evidence to show the applicant ever served in combat or performed training that simulated wartime conditions.
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 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) AR20110011512
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ABCMR Record of Proceedings (cont) AR20110011512
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