IN THE CASE OF:
BOARD DATE: 20 January 2015
DOCKET NUMBER: AR20140008921
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, award of Combat-Related Special Compensation (CRSC) for post-traumatic stress disorder (PTSD) and Tinea Versicolor (skin fungus).
2. The applicant states he was awarded service-connected disability ratings for PTSD (70 percent (%)) and Tinea Versicolor (30%). Both of these conditions were a result of Desert Storm and should be considered for CRSC.
3. The applicant provides copies of three letters from the U.S. Army Human Resources Command (HRC), CRSC Branch.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 19 February 1976. He was awarded military occupational specialty 92A (automated logistical specialist). He served in Saudi Arabia from 4 January through 5 May 1991.
2. On 22 September 1993, he completed a DA Form 2329 (Application for Voluntary Retirement) and requested a desired retirement date of 1 September 1994.
3. He served continuously on active duty through several reenlistments until he was honorably retired in pay grade E-6 on 31 August 1994. He was credited with completing 18 years, 6 months, and 12 days of active service.
4. He provided copies of the following:
a. A letter, dated 21 May 2013, wherein the HRC advised him that they were unable to verify his conditions of Tinea Versicolor with History of Recurrent Body Cysts and PTSD as combat-related disabilities.
b. A letter, dated 8 August 2013, wherein the HRC advised him that they were unable to overturn the previous adjudication. The documentation he submitted showed no new evidence to link his requested conditions to a combat-related event. That disapproval was now considered final. If he wanted to appeal that decision, he must apply to the Army Review Boards Agency (ARBA).
c. A letter, dated 1 April 2014, wherein the HRC advised him that they had received his application for reconsideration. Records in their database indicated he had received a final CRSC determined letter on 8 August 2013. That decision was final and they could not process his reconsideration request. His only resource was to contact the ARBA and initiate an appeal to have his military records corrected.
6. CRSC, as established by Title 10, USC, section 1413a, as amended, provides for the payment of the amount of money a military retiree would receive from the Department of Veterans Affairs (VA) for combat-related disabilities if it weren'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 cause by an instrumentality of war. Such disabilities must be compensated by the VA and rated at least 10% disability. 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. There is no evidence of record and he provided none showing he met all of the requirements for CRSC for his medical conditions of PTSD and Tinea Versicolor.
2. As stated above, the CRSC criteria are specifically for those military retirees who have combat-related disabilities. The military retiree must show that the disability incurred while engaged in combat, while performing duties simulating combat conditions, or while performing especially hazardous duties.
3. CRSC determinations required evidence of a direct causal relationship to the military retiree's VA-rated disabilities to war or the simulation of war. Without evidence to establish a direct, casual relationship of his requested conditions to war or the simulation of war, not just by being deployed during a period of war, there is insufficient evidence to support the reversal of the decision to deny him CRSC benefits.
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.
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