IN THE CASE OF:	  

		BOARD DATE:  23 October 2012

		DOCKET NUMBER:  AR20120007647 


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, in effect, he was discharged due to PTSD and his condition should be service-related. 

3.  The applicant provides:

* CRSC denial letter from the U.S. Army Human Resources Command, Fort Knox, KY (HRC-KNX), dated 8 December 2011
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Department of Veterans Affairs (VA) rating/appeal decision
* DA Form 199 (Physical Evaluation Board (PEB) Proceedings)

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 19 September 1989.  He served through multiple reenlistments in a variety of stateside or overseas assignments and he attained the rank/grade of staff sergeant (SSG)/E-6.  

2.  He served in Kuwait/Iraq from 3 November 2003 to 9 September 2004. 



3.  In April 2004, the applicant was command-referred for a psychiatric evaluation.  After several mental and/or medical evaluations, he was determined to be medically unfit for further military service and he was recommended for referral to a medical evaluation board (MEB) to determine the extent of his disability.

4.  In July 2006, an MEB convened at Landstuhl Regional Medical Center, Germany, and after consideration of clinical records, laboratory findings, and physical examinations, the MEB found the applicant was diagnosed as having the non-medically acceptable condition of delusional disorder - persecutory type, a cognitive disorder not otherwise specified.  The MEB recommended referral to a PEB.  

5.  An informal PEB convened in Washington, DC and found his medical condition of delusional disorder, persecutory type prevented him from performing the duties required of his grade and military specialty and determined he was physically unfit for service.  He was rated under the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) and granted a disability rating of 
30-percent (30%).  The PEB recommended placing him on the TDRL.  He concurred.

6.  On 25 December 2006, he was honorably retired under the provisions of chapter 4 of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) and placed on the TDRL in the rank/grade of SSG/
E-6.  His DD Form 214 shows he completed 17 years, 3 months, and 7 days of creditable active service.

7.  On 1 May 2009, a TDRL PEB convened at Fort Sam Houston, TX, and found his condition continued since being placed on the TDRL.  He still had the medical condition of delusional disorder, persecutory type that precluded him performance of duties.  He remained unfit to reasonably perform the duties required of his grade and military specialty.  However, his condition was considered sufficiently stable for final adjudication.  He was rated 50% disabled under the VASRD code applicable for his medical condition.  The PEB recommended that he be permanently retired.  He concurred and waived his right to a formal hearing of his case.

8.  On 19 May 2009, an official of the U.S. Army Physical Disability Agency approved the PEB's findings and recommendation on behalf of the Secretary of the Army. 


9.  On 20 May 2009, the applicant was removed from the TDRL and on the next day, he was permanently retired.  His retirement orders stated his disability is based on an injury or disease received in line of duty as a result of armed conflict.

10.  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 the VA awarded him service-connected disability for PTSD and persecutory type delusional disorder on 15 August 2011. 

11.  On 16 September 2011, by letter, an official at HRC-KNX notified him he had requested consideration for PTSD due to combat stress, extreme anger, and fear during his service in Iraq.  However, he did not provide his VA rating decision and/or medical records pertaining to this disability in his claim.  He was asked to provide evidence of how his PTSD is linked to a combat-related event.  The evidence can be a Line of Duty investigation, medical documentation, or VA rating decision.  Most importantly, in order to award a condition as combat-related, he must provide evidence linking the PTSD to a specific combat-related event.  

12.  On 7 November 2011, by letter, an official at HRC-KNX notified him that his request for reconsideration of his CRSC claim was reviewed but there was no evidence to support his request.  The letter states there was no evidence provided to show a combat-related event caused his condition. 

13.  On 8 December 2011, again 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 states there was no evidence provided to show a combat-elated event caused his condition. 

14.  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.  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 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.  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)                                         AR20120007647



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ABCMR Record of Proceedings (cont)                                         AR20120007647



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