IN THE CASE OF:	  

		BOARD DATE:	  10 April 2012

		DOCKET NUMBER:  AR20110017080 


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, approval for Combat-Related Special Compensation (CRSC) for post-traumatic stress disorder (PTSD). 

2.  The applicant states, in effect, he has been denied CRSC for PTSD four times despite the fact that the Department of Veterans Affairs (VA) has increased his disability for PTSD.  He goes on to state that his PTSD is a result of losing his right index finger; therefore, it should be considered as combat-related.

3.  The applicant provides:

* photographs of his right hand
* a copy of his VA Rating Decision, dated 2 October 2009
* a copy of his denial of CRSC dated 12 May 2011

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a 


substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 25 January 1953 and he remained on active duty through a series of continuous reenlistments.  He was promoted to the rank/grade of staff sergeant (SSG)/E-6 on 27 February 1967.

3.  The applicant served overseas tours in Japan, Korea, Germany, Vietnam
(18 months), and Okinawa.

4.  On 30 September 1972, he was retired by reason of sufficient service for retirement and he was transferred to the Retired List effective 1 October 1972.  He had served 20 years, 8 months, and 6 days of total active service.

5.  On 20 October 2006, he applied to the U.S. Army Human Resources Command (HRC) for CRSC.  On 12 December 2006, HRC granted him CRSC (60%) for loss of right finger, diabetes mellitus, and paralysis of sciatic nerve in right and left feet.

6.  The applicant appealed the decision and on 19 November 2008 HRC again denied his request for additional compensation indicating his claimed additional disabilities did not meet Department of Defense guidelines and could not be awarded as being combat-related.

7.  The applicant appealed the decision and requested additional compensation for PTSD.  Again his appeal was denied on 12 May 2011 as not being combat-related.

8.  He appealed that decision contending that his PTSD percentage had been raised by the VA and on 21 February 2012 HRC again denied his appeal because he provided no evidence to show that his PTSD was combat-related.

9.  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.


10.  Title 10, U.S. Code, section 1413a (CRSC) provides that eligible members are those retirees who have 20 years of service for retired pay computation and who have disabilities that are the direct result of armed conflict, specially hazardous military duty, training exercises that simulate war, or caused by an instrumentality of war.  Such disabilities must be compensated by the DVA and rated at least 10% disabling.  For periods before 1 January 2004, members had to have disabilities for which they were 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 cause by an instrumentality of war.

DISCUSSION AND CONCLUSIONS:

1.  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.  In order to qualify for 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's contention that his medical condition (PTSD) was sustained while participating in combat operations has been carefully considered.  However, without evidence to establish a direct, causal relationship to the applicant’s disability to war, there is insufficient basis in which to grant his request.

3.  Therefore, in the absence of evidence to support his claim that his PTSD condition was caused by an instrumentality of war, there is an insufficient evidentiary basis for granting the applicant’s requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  __X____  ___X____  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1. 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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _  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)                                         AR20110017080



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110017080



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1