IN THE CASE OF:
BOARD DATE: 23 August 2012
DOCKET NUMBER: AR20110021776
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 reversal of the decision to deny him combat-related special compensation (CRSC).
2. The applicant states:
* He applied for CRSC, but he was denied because his medical records were not available for review
* The National Personnel Records Center (NPRC) located his medical records for the U.S. Army Human Resources Command (HRC)
3. The applicant provides:
* CRSC denial letter from HRC, Fort Knox, KY, dated 29 April 2011
* Eight DD Forms 214 (Certificate of Release or Discharge from Active Duty), dated between 5 January 1957 and 29 February 1980
* Orders 010-12, issued by Headquarters, 1st Personnel Command, Germany, dated 15 January 1980
* Department of Veterans Affairs (VA) rating/appeal decision, dated 5 January 2009
* VA rating decision, dated 5 March 1991
* DA Form 1 (Morning Report), dated 18 November 1961
* U.S. Army medical records for treatment of a broken leg
CONSIDERATION OF EVIDENCE:
1. The applicant is a Retired Army (RA) master sergeant (MSG)/E-8 who initially enlisted in the RA on 5 January 1957. With the exception of his initial period of service when he held military occupational specialty (MOS) 941.10 (Cook), he held communications MOSs culminating with MOS 31Z4H (Communications Electronics Operations Chief). He served in a variety of stateside and overseas assignments.
2. On 29 February 1980, he was retired by reason of sufficient service for retirement. He was placed on the Retired List in his retired rank/grade of MSG/E-8 on 1 March 1980. His DD Form 214 shows he completed 23 years and 13 days 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 and Army records that show he suffered a compound fracture of his right tibia in a vehicle accident on
18 November 1961 while stationed in Germany. On 5 March 1991, the VA awarded him a 10% service-connected disability for his broken leg.
4. On 5 January 2009, the VA made the following determination regarding a rating appeal:
* Service-connected for:
* broken right leg 10%
* hypertension 10%
* Not service-connected, not subject to compensation
* Right shoulder injury
* Low back pain
* Left knee condition
* Right knee condition
* Left ankle swelling
* Right ankle swelling
* Tumor, left tonsil
* Tumor, right parotid gland
* Tumor, left testicle
* Leg numbness
5. On 29 April 2011, by letter, an official at HRC notified him that his claim for CRSC was again denied. The original denial is not a matter of record.
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. 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. 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 broke his leg in a vehicle accident in Germany in 1961. His injury did not occur in combat and was not combat-related.
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. There is no evidence of record and the applicant did not provide any evidence to establish a direct causal relationship to the applicant's VA rated disabilities to war or the simulation of war.
5. In view of the foregoing, 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:
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) AR20110021776
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110021776
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140009832
Application for correction of military records (with supporting documents provided, if any). The applicant's record is void of any evidence that shows his injuries were a direct, causal relationship to war or the simulation of war. Although the evidence shows the applicant was diagnosed with Hypertensive Heart Disease, Degenerative Arthritis of the Cervical Spine, Lumbar Intervertebral Disc Syndrome with Thoracolumbar Degenerative Changes with Erectile Dysfunction, Healed Fracture; Left...
ARMY | BCMR | CY2008 | 20080017498
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. Notwithstanding the applicant's contention, there is no evidence in the available record and the applicant has...
ARMY | BCMR | CY2009 | 20090002403
The applicant requests, in effect, that his records be corrected to show his malignant schwannoma [nerve sheath tumor] was determined to have been incurred as a direct result of armed conflict, specially hazardous military duty, training exercises that simulate war, or caused by an instrumentality of war and that this disability is eligible for award of Combat-Related Special Compensation (CRSC). Incurring disabilities while in a theater of operations or in training exercises is not, in and...
ARMY | BCMR | CY2012 | 20120001806
The PEB proceedings also stated "The Soldier's retirement is based on disability from injury or disease received in the line of duty as a direct result of armed conflict or caused by an instrumentality of war..." and "The disability did result from a combat related injury as defined in 26 U.S. Code 104." Department of Defense (DOD) guidance on CRSC states a combat-related disability is a disability with an assigned medical diagnosis code from the VA Schedule for Rating Disabilities that was...
ARMY | BCMR | CY2015 | 20150003688
He was asked to provide evidence on how these conditions occurred, such as a line of duty investigation, medical documentation, and/or VA rating decision: * VASRD Code 5009, Arthritis, left knee, No evidence in his claim to show that a combat-related event caused this condition * VASRD Code 5099, Bone Condition, right knee, No evidence in his claim to show that a combat-related event caused this condition * VASRD Code 5201, Limited motion of arm, right shoulder, No evidence in his claim to...
ARMY | BCMR | CY2013 | 20130020373
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of his records to show that the leg injury he sustained on 23 January 1991 was caused by a simulation of war; therefore, in accordance with Department of Veterans Affairs (VA) guidelines it was combat-related and service-connected for the purpose of qualifying for Combat-Related Special Compensation (CRSC). Eligible members are those retirees who have...
ARMY | BCMR | CY2005 | 20050010804C070206
Qawiy A. Sabree | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. 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. 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.
ARMY | BCMR | CY2010 | 20100001026
Application for correction of military records (with supporting documents provided, if any). CRSC, as established by Title 10, U.S. Code, section 1413a, as amended, states that eligible members are retired veterans with combat-related injuries who meet all of the following criteria: * Active, Reserve, or National Guard with 20 years of creditable service, or permanent medical retiree, or Temporary Early Retirement Authority retiree * receiving military retired pay * have 10 percent or...
ARMY | BCMR | CY2005 | 20050002104C070206
In the applicant’s case the Board must consider whether the VA ratings for the applicant’s ankles, knees and back are combat related. At that time it was stated that the applicant’s back pain had been documented since 1977. Based on this chronological review of the treatment the applicant received for his VA rated disabilities, it is evident that the applicant submitted insufficient evidence to show: a. that his shoulder pain should be approved for CRSC.
ARMY | BCMR | CY2012 | 20120010681
The applicant requests, in effect, that the injury to his left hand and his hearing loss be considered disabilities that qualify for combat-related special compensation (CRSC). The evidence of record clearly shows the applicant injured his finger when he jumped off a truck at the bath house during annual training. He was not simulating combat conditions and there is no evidence to show the truck was being used in a peculiarly-military fashion at the time.