IN THE CASE OF:	  

		BOARD DATE:	  22 February 2012

		DOCKET NUMBER:  AR20110016802 


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 he be awarded Combat Related Special Compensation (CRSC) for disabilities of the cervical and lumbar spine.

2.  The applicant states the attached documentation clearly shows that these conditions should be approved for CRSC.

3.  The applicant provides copies of:

* 27 July 2011 letter from the Human Resources Command (HRC)
* 18 July 2011 CRSC reconsideration request
* 28 June 2011 letter from the Department of Veterans Affairs (VA), Cleveland Regional Office 
* 6 May 2003 letter VA, Nashville Regional Office
* VA rating decision dated 25 February 1997
* Jungle Warfare Training Course, dated 25 January 1980
* Jungle Warfare Training Course, dated 10 March 1983
* 26 January 1979 certificate for completion of Air Assault School
* 19 March 1993 Recommendation for Meritorious Service Medal upon permanent change of station 
* Enlisted Evaluation Reports for periods ending

* November 1985
* August 1985 
* August 1984
* 

* May 1984
* March 1993
* April 90

* 29 November 1979 Citation of Appreciation
* 9 April 1981 Letter of Appreciation 
* April/May 1979 Certificate from Royal Horse Artillery, dated 
* December 1980 Certificate 
* 1 December 1985 Certificate of Athletic Achievement
* 30 June 1990 Letter of Commendation
* 20 April 1979 Letter of Appreciation
* 16 April 1981 Letter of Commendation 
* 27 November 1979 Certificate of Appreciation
*  his DA Form 2-1 Part II (Personnel Qualification Record)

CONSIDERATION OF EVIDENCE:

1.  The applicant served in the Regular Army from 28 June 1976 to 31 July 1996 when he voluntarily retired as a First sergeant/E-8 due to length of service.

2.  The applicant's service medical records are not available for review.  They are in the custody of the VA.  The applicant would have to obtain and submit a copy or request that the VA provide the Board with a copy.

3.  A 6 May 2003 letter from the VA informed the applicant that the service connected disability rating for his degenerative arthritis had changed and his mood disorder had worsened.  He was now rated at 10 percent for degenerative arthritis of the lumbar spine at L4-L5, 20 percent for chronic fatigue syndrome, 20  percent for urinary frequency, 10 percent for blepharitis (inflammation of the eyelash follicles, along the edge of the eyelid), and that the rating for his mood disorder with depression had increased from 10 to 30 percent.

4.  In a 28 June 2001 letter the VA informed the applicant that they had increased his rating for degenerative arthritis to 20 percent.

5.  The applicant applied to HRC for an increase in his CRSC rating on 18 July 2011.

6.  In a CRSC decision letter, dated 27 July 2011, HRC denied the applicant's request for an increase in CRSC.  It indicated a CRSC rating as follows: 

* 20 percent for chronic fatigue syndrome


* zero percent for bilateral hearing loss
* 30 percent for post traumatic stress disorder
* 40 percent for urinary frequency increased from a previous rating of 20 percent
* 10 percent for tinnitus
* 70 percent combined total

7.  That HRC letter also informed the applicant that CRSC for blepharitis (inflammation of the eyelash follicles, along the edge of the eyelid), degenerative arthritis of the lumbar spine, degenerative changes of the cervical spine and varicose veins of the lower leg was denied.

8.  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.

9.  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.  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 CRSC rating should be increased to include ratings for inflammation of the eyelash follicles, degenerative arthritis of the lumbar spine, degenerative changes of the cervical spine and varicose veins.

2.  There is no available evidence that these conditions were incurred under conditions that warrant CRSC.  That is, as the direct result of armed conflict, especially hazardous military duty, training exercises that simulate war, or caused by an instrumentality of war.  Simply incurring disabilities while in a theater of operations or in training for combat skills is not, in and of itself, sufficient.

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.  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 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)                                         AR20110016802



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ABCMR Record of Proceedings (cont)                                         AR20110016802



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