IN THE CASE OF:	  

		BOARD DATE:  23 October 2012

		DOCKET NUMBER:  AR20120007108 


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:

* The Department of Veterans Affairs (VA) awarded him service-connected disability compensation for his PTSD
* The VA concluded he was deployed to a hostile area; therefore, this was accepted as an in-service stressor
* According to the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition (DSM-IV), PTSD develops following exposure to an extreme traumatic stressor that involves actual or threatened death or witnessing an event that invokes death or learning about unexpected or violent death
* Since the VA granted a diagnosis of PTSD, the cause must be the result of service and there had to have been a traumatic stressor as a trigger
* He deployed to the Persian Gulf and he provided specific stressors regarding an extreme incident he was exposed to
* He meets the criteria for PTSD; therefore, he meets the criteria for CRSC

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 May 2000
* 
CRSC denial letter from the U.S. Army Human Resources Command, Fort Knox, KY (HRC-KNX), dated 22 November 2011
* VA rating decision, dated 4 January 2011
* PTSD internet article
* Verification of service in Southwest Asia 

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve (USAR) on or about 10 May 1979.  He appears to have entered active duty on 24 May 1980 and he held military occupational specialties 75H (now 42A) (Human Resources Specialist) and 79R (Recruiting and Retention Noncommissioned Officer).

2.  He served through multiple reenlistments in a variety of stateside or overseas assignments, including Southwest Asia from 1 February to 9 June 1991.  He attained the rank/grade of staff sergeant (SSG)/E-6.

3.  On 31 May 2000, he was retired by reason of sufficient service for retirement. He was placed on the Retired List in the rank/grade of SSG/E-6 on 1 June 2000. He completed 20 years, 3 months, and 17 days of creditable active service.

4.  On 8 February 2006, the U.S. Army Physical Disability Agency (USAPDA) awarded him CRSC for fibromyalgia.

5.  On 15 December 2006, the USAPDA reconsidered his petition and awarded him CRSC for fibromyalgia and an undiagnosed condition - lower digestive system.

6.  On 18 January 2011, the VA awarded him service-connected disability compensation for PTSD, fibromyalgia, and irritable bowel syndrome.  The VA noted in its letter that the evidence shows the applicant deployed to an area of hostile activity; therefore, this was accepted as an in-service stressor.

7.  On 28 February 2011, HRC-KNX notified him that their office was unable to verify PTSD as a combat-related disability.

8.  On 19 August 2011, HRC-KNX reviewed his request for reconsideration and the additional documents he provided.  The evidence he submitted did not establish a link between PTSD and a combat-related event.

9.  On 22 November 2011, by letter, HRC-KNX officials informed him of the lack of justification to reverse the previous decision to deny his CRSC claim.  The denial letter states the documentation he provided showed no evidence to link his requested conditions to a combat-related event.  Specifically:

* Fibromyalgia, previously-awarded; verified percentage and effective date; CRSC effective January 2004
* Irritable Bowel Syndrome; previously-awarded; verified percentage and effective date; CRSC effective November 2004
* PTSD; final disapproval; previously requested; no evidence to show combat-related event caused condition

10.  He also provides an internet printout related to PTSD diagnosis, features, and criteria.

11.  Title 10, U.S. Code, section 1413a, as amended, established CRSC that 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, specially 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.  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 his PTSD was service-related.  That is why the VA awarded him compensation for this service-connected condition.  However, he has not submitted any evidence that shows this condition is combat-related.  He refers to his VA evaluation report wherein he related to the examiner that his stressors were combat-related; however, he did not prove such relationship.  The fact that he 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 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.  There is no evidence of record and the applicant did not provide any evidence that establishes a direct, causal relationship to his 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.

6.  The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.  

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)                                         AR20120007108



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ABCMR Record of Proceedings (cont)                                         AR20120007108



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