IN THE CASE OF:	  

		BOARD DATE:	  10 January 2012

		DOCKET NUMBER:  AR20110012224 


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 to be awarded Combat Related Special Compensation (CRSC) for Post-Traumatic Stress Disorder (PTSD).

2.  He states he was diagnosed with service-connected PTSD by the Department of Veterans Affairs (VA) due to his service in Vietnam.  The Compensation and Pension Examination letter specifically states that his PTSD was caused by or was a result of combat exposure during Vietnam.  Therefore, he meets the requirements to be awarded CRSC.

3.  He provides an extract of his VA medical records and a CRSC denial letter. 

CONSIDERATION OF EVIDENCE:

1.  His military records show he was inducted into the Army on 19 February 1969.  After completion of training, he served in military occupational specialty (MOS) 94B (Food Service Specialist).

2.  His DA Form 20 (Enlisted Qualification Record) in item 31 (Foreign Service) shows he served in Vietnam from 8 December 1971 to 24 October 1972.  
Item 38 (Record of Assignments) shows he was assigned to Headquarters and Headquarters Company, 330th Radio Research, Forward Support and served as a cook. 

3.  Item 35 (Record of Assignments) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows he continued to serve on active duty in MOS 94B through a series of reenlistments.

4.  On 31 January 1993, he was honorably retired after completing over 23 years total active service. 

5.  His military medical records are not available and his record does not contain any documentation to show he was treated for combat-related disabilities during his period of service. 

6.  He provided an extract of his VA medical records.  This document shows, in part, the following information:

* He had combat experience 
* He sustained a superficial gunshot wound to his shoulder
* He witnessed many deaths, wounds, atrocities and torture, often under enemy fire
* His duties involved exploring enemy tunnels 
* He also engaged in hand-to-hand and close range small arms fire with the enemy
* PTSD stressors occurred during the period 1971 to 1972 while serving in Vietnam

7.  His VA medical record also noted the applicant met the DSM-IV stressor criterion.  He has nightmares which has caused some marital stress.  He has few friends and is avoidant of crowds and noise, and participates in mostly solitary activities.  He was also noted to suffer from insomnia, intrusive thoughts, and occasional loss of temper.  This document does not show his disability ratings as awarded by the VA.

8.  A letter from the U.S. Army Human Resources Command (HRC), CRSC Branch, dated 17 March 2011, shows the applicant was previously awarded a combined rating of 20% CRSC for diabetes and tinnitus between August 2007 and November 2008.  In December 2008, the combined percentage rating was increased to 30%.

9.  The same letter shows the HRC, CRSC Branch, denied the applicant's request because there was no evidence in his claim to show that his PTSD was caused by a combat-related event.

10.  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 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 were caused by an instrumentality of war. 

11.  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 were awarded the Purple Heart and were rated at least 10% disabled or who were rated at least 60% disabled as a direct result of armed conflict, especially hazardous duty, training exercises that simulate war, or were caused by an instrumentality of war.

12.  The Under Secretary of Defense for Military Personnel Policy has provided policy guidance on the processing of CRSC appeals.  In that 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 evidence submitted by the applicant shows he has service connected conditions.  Although he was awarded 30% disability from the VA due to PTSD; there is no evidence or indication that attribute the cause of his PTSD to a combat-related event.

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 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.  He has failed to provide documentation to show he meets this requirement.

3.  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)                                         AR20110012224





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ABCMR Record of Proceedings (cont)                                         AR20110012224



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