RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 21 February 2008 DOCKET NUMBER: AR20070011859 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Ms. Catherine C. Mitrano Director Mrs. Victoria A. Donaldson Analyst The following members, a quorum, were present: Ms. Margaret K. Patterson Chairperson Ms. Sherri V. Ward Member Mr. Jeffrey C. Redmann Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, that all of his Department of Veterans Affairs (VA) rated disabilities be approved for Combat-Related Special Compensation (CRSC). 2. The applicant states, in effect, that his left knee was injured while participating in an obstacle course exercise. 3. The applicant provides a CRSC Decision, dated 9 July 2007 in support of this application. CONSIDERATION OF EVIDENCE: 1. Combat-Related Special Compensation (CRSC), as established by Section 1413a, Title 10, United States 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, specially 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. For periods before 1 January 2004 (the date this statute was amended), members had to have disabilities for which they have been awarded the Purple Heart and are rated at least 10% disabled or who are rated at least 60% disabled as a direct result of armed conflict, specially hazardous duty, training exercises that simulate war, or caused by an instrumentality of war. 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. 2. On 9 July 2005, the U.S. Army Physical Disability Agency (USAPDA) Combat Related Special Compensation (CRSC) Branch denied the applicant’s request for reconsideration of his previous request for CRSC for the following disabilities: a. 10 percent for Arthritis (Right Shoulder), b. 10 percent for Arthritis (Right Knee), c. 10 percent for Arthritis (Left Hand), d. 20 percent for Arthritis (Left Shoulder), and e. 10 percent for Arthritis (Right Shoulder). 3. There is no evidence in the available records which show that the VA Rated disabilities above were incurred as a direct result of armed conflict, specially hazardous duty, training exercises that simulate war, or were caused by an instrumentality of war. 4. The CRSC Branch further determined that the applicant was entitled to 10% CRSC for Arthritis (Left Knee). 5. The Under Secretary of Defense (OUSD), Military Personnel Policy has provided policy guidance on the processing of CRSC appeals. In that guidance it was stated that in order for a condition to be considered combat related, there must be evidence of the condition having a direct, causal relationship to war or the simulation of war. DISCUSSION AND CONCLUSIONS: 1. The CRSC criteria 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 that 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. Evidence shows that the applicant was awarded CRSC benefits for Arthritis (Left Knee); however, the other disabilities identified by the VA were determined not to have been incurred as a result of hostile action in a theater of operations or during a training exercise. 3. Without evidence to show that the non qualifying disabilities were in fact incurred as a result of a combat-related situation, there is insufficient basis in which to grant his request. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING _MKP_ _ _SVW___ _JCR____ 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. _Margaret K. Patterson _ CHAIRPERSON INDEX CASE ID AR SUFFIX RECON YYYYMMDD DATE BOARDED YYYYMMDD TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) DATE OF DISCHARGE YYYYMMDD DISCHARGE AUTHORITY AR . . . . . DISCHARGE REASON BOARD DECISION (NC, GRANT , DENY, GRANT PLUS) REVIEW AUTHORITY ISSUES 1. 2. 3. 4. 5. 6.