IN THE CASE OF:	  

		BOARD DATE:	  8 March 2012

		DOCKET NUMBER:  AR20110019541 


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, reversal of the decision to deny him combat-related special compensation (CRSC) for post-traumatic stress disorder (PTSD). 

2.  The applicant states:

* He deployed to several locations, including Honduras, Panama, Saudi Arabia, Somalia, Haiti, Bosnia, and Kosovo
* He was diagnosed with PTSD following all these deployments and the Department of Veterans Affairs (VA) noted that his PTSD was combat related
* The Army continues to deny him CRSC because his medical records are not specific enough

3.  The applicant provides:

* CRSC denial letter from the U.S. Army Human Resources Command, Fort Knox, KY (HRC-KNX), dated 19 May 2011
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* DA Form 2-1 (Personnel Qualification Record)
* Multiple award certificates and/or certificates of service, appreciation, support, and/or achievement
* Newspaper articles
* VA rating/appeal decision, dated 18 April 2011


CONSIDERATION OF EVIDENCE:

1.  The applicant is a Retired Army (RA) staff sergeant (SSG) who initially enlisted in the RA on 2 July 1986.  He held the military occupational specialty of 31B (Military Police) and served in a variety of stateside and overseas assignments, including:

* Honduras, February 1987 to March 1987
* Korea, April 1988 to June 1989
* Panama, December 1989 to April 1990
* Saudi Arabia, August 1990 to March 1991
* Somalia, December 1993 to March 1994
* Haiti, September 1994 to December 1994
* Germany, April 1996 to April 1999
* Bosnia, June 1996 to November 1996
* Kosovo, November 1999 to June 2000 

2.  On 31 July 2008, he was honorably retired and placed on the retired list in his retired rank/grade of SSG/E-6 on 1 August 2008.  His DD Form 214 shows he completed over 20 years of creditable active service. 

3.  His complete service and/or VA medical records are not available for review with this case.  He submitted extracts of his VA records which show on 18 April 2011, the VA awarded him service-connected disability for PTSD (and the Rating Decision stated, “Incurred-COMBAT,” apparently based upon his description of several combat-related incidents)), obstructive sleep apnea, degenerative joint disease of the right shoulder, right wrist osteopenia, status post left wrist trauma, and left shoulder bicep tendon adhesions.

4.  On 15 October and 17 December 2010, by letter, an official at HRC-KNX notified him that his claim for CRSC was verified as combat related for bilateral tinnitus.  However, with respect to other conditions he claimed, the letter states:

* Degenerative joint disease of the right shoulder:  No evidence to show a combat-related event caused condition
* Degenerative disc disease:  No evidence to show a combat-related event caused the condition
* PTSD:  No evidence to show a combat-related event caused the condition
* Obstructive sleep apnea: No evidence to show a combat-related event caused the condition

5.  On 19 May 2011, by letter, an official at HRC-KNX notified him that his request for reconsideration of his CRSC claim and all the evidence he submitted was reviewed but there was no justification to reverse the previous decision.  The letter affirmed the decision with respect to the condition of bilateral tinnitus being combat related; however, as for the other conditions he claimed, the letter states:

* Degenerative joint disease of the right shoulder:  Final disapproval; previously requested, no evidence to show combat-related event caused the condition
* Degenerative disc disease:  Final disapproval.  Previously requested, no evidence to show combat-related event caused condition
* Erectile dysfunction:  Final disapproval, no evidence to show combat-related event caused the condition
* PTSD:  Final disapproval, previously requested, no evidence to show combat-related event caused the condition
* Obstructive sleep apnea:  Final disapproval, previously requested, no evidence to show combat-related event caused the condition

6.  CRSC, as established by section 1413a, Title 10, U.S. Code, 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 was not 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% 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% 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 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 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.

2.  The applicant’s VA Rating decision indicates his PTSD was incurred in combat; however, that decision appears to have been based on his description of being involved in several combat-related incidents.  However, he did not prove such relationship between his PTSD and combat.  The fact that he was in a theater of operations is insufficient, in and of itself, to warrant approval of CRSC.

3.  CRSC determinations require evidence of a direct, causal relationship to the military retiree’s VA rated disabilities to war or the simulation of war.

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 evidence 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)                                         AR20110019541



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ABCMR Record of Proceedings (cont)                                         AR20110019541



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