IN THE CASE OF:	  

		BOARD DATE:	  10 January 2013

		DOCKET NUMBER:  AR20120011046 


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 sent his medical records and Department of Veterans Affairs (VA) rating decision and examination showing he suffers from PTSD
* He also sent several medical records in support of his request

3.  The applicant provides:

* CRSC denial letters from the U.S. Army Human Resources Command, Fort Knox, KY (HRC-KNX), dated 19 March 2012, 20 April 2012, and        8 May 2012
* CRSC Reconsideration Request Form
* VA rating decision
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* VA Form 21-0781 (Statement in Support of Claim Connection for PTSD)
* VA medical records and progress notes

CONSIDERATION OF EVIDENCE:

1.  The applicant is a retired Regular Army (RA) sergeant first class (SFC) who initially enlisted in the RA on 26 August 1974.  He held the military occupational specialties of 54B (Chemical Operations Specialist) and 64C (Heavy Vehicle Operator) and he served in a variety of stateside and overseas assignments, including:

* Germany from March 1976 to March 1978
* Germany from September 1979 to August 1982
* Belgium from June 1985 to May 1988
* Saudi Arabia from  August 1990 to April 1991
* Korea from  October 1991 to October 1992

2.  On 31 August 1994, he was honorably retired and placed on the retired list in his retired rank/grade of SFC/E-7 on 1 September 1994.  His DD Form 214 shows he completed over 20 years of creditable active service. 

3.  On 23 November 2004, an official at the U.S. Army Physical Disability Evaluation Agency disapproved his request for CRSC for back pain rated at 
40 percent by the VA and tinnitus rated at 10 percent by the VA, stating neither condition was combat related. 

4.  He submitted extracts of his VA records which show, on 4 February 2011, the VA awarded him service-connected disability for PTSD with major depression (also claimed as depression, PTSD, and alcoholism) at the rate of 70 percent.  The VA determined his disability was related to military service.  The applicant indicated that he believes his stressors are related to combat experience during Operations Desert Shield/Storm in 1991.  He stated that several SCUD missiles landed close to where he worked and reported stress in thinking they were headed towards him.  

5.  On 19 March and 20 April 2012, by letter, an official at HRC-KNX notified the applicant that his claim for CRSC was denied for the following conditions:

* Degenerative joint disease, lumbar spine: Previously requested, no evidence to show a combat-related event caused the condition
* PTSD:  No evidence to show a combat-related event caused the condition
* Tinnitus: Previously requested, no evidence to show a combat-related event caused the condition

6.  On 8 May 2012, by letter, an official at HRC-KNX notified him that his request for reconsideration of his CRSC claim and all of the evidence he submitted was reviewed but there was no justification to reverse the previous decision.  The letter affirmed the decision with respect to all of the following claimed conditions:

* Degenerative joint disease, lumbar spine: Final disapproval; previously requested, no evidence to show a combat-related event caused the condition
* PTSD:  Previously requested, no evidence to show a combat-related event caused condition
* Tinnitus:  Final disapproval, no evidence to show a combat-related event caused the condition

7.  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 has submitted evidence to show that his PTSD is service related.  However, he has not submitted any evidence which would show his PTSD is combat related.  He appears to believe that since he served during Desert Storm and the VA later diagnosed him with PTSD, his condition must have occurred there; 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, and there is insufficient evidence to show SCUD missiles landed in his vicinity.

3.  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.
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)                                         AR20120011046



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ABCMR Record of Proceedings (cont)                                         AR20120011046



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