IN THE CASE OF:	  

		BOARD DATE:  24 July 2012

		DOCKET NUMBER:  AR20120002186 


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 U.S. Army Human Resources Command, Fort Knox, KY (HRC-KNX) decision to deny her combat-related special compensation (CRSC) for post-traumatic stress disorder (PTSD). 

2.  The applicant states:

* The error in the record is that she was in combat during Desert Strom and the people who reviewed her records stated that there is no evidence
* The people who reviewed her records keep overlooking the information in her records
* She served during Desert Storm and that is why she has PTSD

3.  The applicant provides:

* Department of Veterans Affairs (VA) rating decision
* DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 31 March 2009
* CRSC denial letters from HRC-KNX, dated 29 October 2010 and 
7 December 2011

CONSIDERATION OF EVIDENCE:

1.  She enlisted in the RA on 21 November 1984 and she held military occupational specialty (MOS) 94B (Food Service Specialist).  She served in a variety of stateside and overseas assignments, including:
* Korea, from 13 August 1986 to 27 August 1987
* Southwest Asia (SWA), from 16 December 1990 to 21 May 1991
* Korea, from 9 October 1992 to 3 September 1993

2.  She was honorably discharged on 4 November 1994.  She completed 
9 years, 11 months, and 14 days of creditable active service.  Her DD Form 214 shows the entry "Service in SWA 19901216 - 19910521" and award of the SWA Service Medal and the Kuwait Liberation Medal. 

3.  She again enlisted in the RA on 21 January 1998 and again served through multiple reenlistments in a variety of stateside and overseas assignments.  She ultimately retired on 31 March 2009 and was placed on the retired list in her retired rank/grade of SFC/E-7 on 1 April 2009. 

4.  On 9 February 2010, the VA awarded her service-connected disability compensation for PTSD, effective 9 September 2009, and for menstrual headaches, claimed as migraines, effective 17 July 2009. 

5.  On 29 October 2010, by letter, officials at HRC-KNX notified the applicant that office was unable to verify her PTSD was a combat-related disability.  There was no evidence in her claim to show that a combat-related event caused her condition.  

6.  On 27 December 2010, by letter, officials at HRC-KNX notified the applicant that her claim for CRSC for PTSD was previously requested and that she submitted no new evidence to show a combat-related event caused her condition.  

7.  On 7 December 2011, by letter, officials at HRC-KNX notified the applicant of final disapproval regarding her claim and that her claim for CRSC for PTSD was previously requested and that she submitted no new evidence to show a combat-related event caused her condition.  

8.  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 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 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 is 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 specially hazardous duties such as parachuting or scuba diving.

2.  The applicant has submitted evidence to show that her PTSD is service related.  However, she has not submitted any evidence which would show that her PTSD is combat related.  She contends that since she served during Desert Storm, her PTSD must have occurred there; however, she did not prove such relationship.  The fact that she was in a theater of operations is insufficient, in and of itself, to warrant approval of CRSC.

3.  The applicant appears to confuse service connection for VA purposes with CRSC eligibility.  These are not necessarily the same.  If they were the same, CRSC would be automatic for those military retirees with VA disability pensions.  Service connection for VA purposes means the VA has determined that the disability was incurred or aggravated during military service.  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 of the applicant’s VA rated disabilities to war or the simulation of war, there is an insufficient basis in which to grant her 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)                                         AR20120002186



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ABCMR Record of Proceedings (cont)                                         AR20120002186



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