BOARD DATE:	  8 October 2013

		DOCKET NUMBER:  AR20130003531 


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 (HRC), Fort Knox, KY decision denying him combat-related special compensation (CRSC) for Anxiety Disorder. 

2.  The applicant states, in effect, he believes the records he provided to HRC are sufficient proof that his condition was combat-related. 

3.  The applicant provides:

* HRC denial letter, dated 28 January 2013
* Department of Veterans Affairs (VA) rating decision

CONSIDERATION OF EVIDENCE:

1.  Having had prior enlisted service, the applicant enlisted in the Regular Army on 2 June 1978.  He held multiple military occupational specialties in recruiting and communications operations. 

2.  He served through multiple reenlistments, in a variety of stateside or overseas assignments, and he attained the rank/grade of master sergeant (MSG)/E-8.

3.  On 31 December 1994, he retired by reason of sufficient service for retirement and he was placed on the Retired List in his retired rank/grade of MSG/E-8 on 1 January 1995. 
4.  Throughout the years, the VA awarded him service-connected disability compensation for:

* irritable bowel syndrome, 30 percent from 10 May 2011
* anxiety disorder claimed as post-traumatic stress disorder (PTSD) 
30 percent from 10 May 2011
* degenerative joint disease of lumbar spine, 10 percent from 10 May 2011
* residuals, status post bilateral bunionectomy, 0 percent from 1 January 1995

5.  On 15 October 2012, he submitted a CRSC claim for irritable bowel syndrome, anxiety disorder (Gulf War), degenerative joint disease of lumbar spine, and residuals, status post bilateral bunionectomy.  He indicated he felt these conditions met the guidelines for CRSC since they were incurred under conditions simulating war. 

6.  On 13 November 2012, by a letter, HRC officials notified the applicant that his CRSC claim for irritable bowel syndrome was approved.  He was also notified: 

* there was no documentation in his claim to show a combat-related event caused his anxiety disorder
* the documentation he provided did not show an accident or an incident to connect his degenerative joint disease to a combat-related event
* the residuals condition does not meet the criteria for CRSC

7.  On 18 December 2012, after resubmission of the same claim, by letter, HRC officials notified the applicant that after a review of the medical records he submitted there was no new evidence provided to show a combat-related event caused his anxiety disorder, degenerative joint disease, or the residuals condition.

8.  On 28 January 2013, by a letter, HRC officials notified the applicant that his previous CRSC claim was disapproved because no new evidence was submitted to link his conditions to a combat-related event.  He was also notified that this was his final disapproval and he could apply to this Board.  

9.  He submitted various VA rating decisions, showing the various conditions evaluated/considered by the VA over the years.  However, he did not submit any service medical records. 

10.  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 percent 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 criterion 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 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 his anxiety disorder is service-related.  However, he has not submitted any evidence that shows this condition is combat-related.  He contends that his anxiety disorder resulted from his deployment during the Gulf War.  However, nowhere in the available record is there a confirmation of such a condition or that it occurred during combat or under conditions simulating war. 

3.  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 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)                                         AR20130003531



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ABCMR Record of Proceedings (cont)                                         AR20130003531



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