IN THE CASE OF:
BOARD DATE: 31 July 2014
DOCKET NUMBER: AR20130020219
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 award of combat-related special compensation (CRSC) for injuries/conditions not previously considered qualifying.
2. The applicant states there is no error in his records; he was instructed to apply to this Board to further appeal the U.S. Army Human Resources Command (HRC) denial.
3. The applicant provides copies of:
* HRC CRSC denial letter, dated 27 September 2013
* an envelope, postmarked 23 October 2013, addressed to him from HRC
* U.S. Army Mishap Report Information, dated 15 December 2005
* Emergency Care and Treatment Record, dated 5 March 1991
* Department of Veterans Affairs (VA) Progress Note dated 1 January 2005
* Chronological Record of Medical Care, dated 5 February 2003
* letter from a German doctor, dated 22 February 2001 (primarily written in German)
* email notes, subject: CRSC
* May 2008 edition of the Gulf War Review published by the VA
* his DD Form 214 (Certificate of Release or Discharge from Active Duty)
CONSIDERATION OF EVIDENCE:
1. The applicant retired due to length of service as a sergeant first class/E-7 on 30 June 2003.
2. The applicant was previously awarded CRSC for various conditions rated
10 percent each.
3. He applied for CRSC for right shoulder degenerative joint disease; excision, benign mass, neck scar; hypertension; hypertensive heart disease associated with hypertension; post-traumatic stress disorder (PTSD), and obstructive sleep apnea. The reason listed for the denial is, "no evidence provided to show combat-related event caused condition."
4. The applicant provides copies of:
a. his CRSC request and a 27 September 2013 denial letter from HRC,
b. a report showing he was involved in a training accident on 5 March 1991. He was injured in a motor vehicle accident. The report shows the accident was Desert Storm non-tactical training.
c. medical documents showing he was treated on 5 March 1991 for multiple soft tissue injuries to his hand, shoulder, hip, elbow and thigh.
c. a 6 January 2005 VA Progress Note showing he received a positive screen for PTSD.
d. medical documents showing he was seen at Landstuhl Regional Medical Center on 5 February 2003 for sensitivity to light, and by a German doctor on
22 February 2003, who diagnosed him with depressed mood, hyperalgesica, fibromyalgia, medial shin bone syndrome, and pes planovalgus.
e. email notes relating to the handling of his CRSC request.
5. The Under Secretary of Defense for Military Personnel Policy provided policy guidance for processing CRSC appeals. The guidance states there must be evidence of the condition having a direct, causal relationship to war or the simulation of war for a condition to be considered combat related.
6. CRSC, as established by Title 10, U.S. Code, section 1413a, 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 weren't for the statutory prohibition for a military retiree to receive a VA disability pension.
a. Payment is made by the Military Department, not the VA, and is tax free.
b. 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.
c. Qualified disabilities must be compensated by the VA and rated at least 10-percent disabling.
d. Military retirees who are approved for CRSC must have waived a portion of their military retired pay because CRSC requires the Military Department to return a portion of the waived retired pay to the military retiree.
DISCUSSION AND CONCLUSIONS:
1. The applicant's requests for CRSC were denied because the available evidence failed to show his medical conditions were combat related. He has not provided any additional documentary evidence to indicate otherwise.
2. The CRSC 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 or while performing duties 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 basis on 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 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) AR20120000988
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