IN THE CASE OF:	  

		BOARD DATE:	  15 January 2015

		DOCKET NUMBER:  AR20140009802 


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 was diagnosed with PTSD and he receives a 50-percent service-connection for this condition.  His doctor stated he was subjected to sniper and mortar attacks which means it was related to combat. 

3.  The applicant provides a statement from a clinical psychologist. 

CONSIDERATION OF EVIDENCE:

1.  He enlisted in the Regular Army on 25 July 1984.  He served through multiple reenlistments in a variety of stateside or overseas assignments.  He held a transportation military occupational specialty.  He served in:

* Southwest Asia, December 1990 to September 1991
* Somalia, April to August 1993
* Somalia, December 1993 to March 1994
* Haiti, October to November 1994
* Balkans Region, 1997 to 2000

2.  He retired on 31 January 2006 and he was placed on the retired list in his retired rank/grade of MSG/E-8 on 1 February 2006. 
3.  On 13 April 2011, the Department of Veterans Affairs (VA) awarded him service-connected disability compensation, effective May 2009 or October 2010 for/at the rate of:

* PTSD, previously evaluated as adjustment disorder, 50 percent
* Degenerative changes to left shoulder, 10 percent
* Degenerative joint disease, lumbar spine, 10 percent
* Degenerative joint disease and degenerative disc disease of cervical spine, 10 percent
* Radiculopathy, left upper extremity, 10 percent
* Adjustment disorder with anxiety and depression, 10 percent
* Degenerative joint disease, right shoulder, 0 percent
* Degenerative changes, right ankle, 0 percent
* Degenerative joint disease, left ankle, 0 percent
* Degenerative joint disease, left ankle, 0 percent
* Degenerative joint disease, right knee, 0 percent
* Recurrent left epistaxis, 0 percent
* Two residuals of scar, 0 percent

4.  On 26 April 2013, he filed a claim for CRSC. 

5.  On 20 August 2013, by letter, an official at the U.S. Army Human Resources Command (HRC) notified the applicant that his claim for CRSC was denied because there was no documentation in his claim to show that a combat-related event caused this condition.  He provided no evidence to link this condition to specific combat-related event.  

6.  On 23 August 2013, by letter, an official at HRC 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 that PTSD was previously requested and that there was no evidence to show a combat-related event caused condition.  The VA conceded a stressor based on his lay testimony alone, which does not qualify for award under CRSC program guidance.  Being in a combat zone is not, in and of itself, sufficient to award CRSC. The disability must be linked to a specific combat-related event. 

7.  On 23 October 2013, by letter, HRC notified him that after reviewing the documentation he submitted in support of his claim, there was no reason to overturn the previous adjudication as the documentation he submitted still did not show new evidence to link his requested condition to a specific combat event.

8.  On 24 December 2013, by letter, HRC notified him that after reviewing all documentation in support of his claim, that office was unable to overturn the previous adjudication as the documentation he submitted still did not show new evidence to link his requested condition to a specific combat event.  This disapproval is now considered final. 

9.  He submitted a letter, dated 9 January 2014 from a clinical psychologist, who states the applicant was assessed and treated at the Anchorage Vet Center from 26 March 2010 to 4 October 2013.  In gathering his military history, it was noted he was subjected to combat during his tours in Somalia and Iraq.  These incidents took the form of sniper and mortar attacks, as well as improvised explosive devices. 

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 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 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 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 substantive evidence which would show his PTSD is combat related.  The fact that he was in a theater of operations is insufficient, in and of itself, to warrant approval of CRSC.

3.  Without substantive 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)                                         AR20140009802





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140009802



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1