BOARD DATE: 28 March 2017 DOCKET NUMBER: AR20150017060 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ___x____ ____x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 28 March 2017 DOCKET NUMBER: AR20150017060 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. BOARD DATE: 28 March 2017 DOCKET NUMBER: AR20150017060 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 tinea pedis (athlete's foot). 2. The applicant states: * the Department of Veterans Affairs (VA) granted him a 0 percent (%) service-connected disability rating for tinea pedis on 1 May 2005 and later increased it to 30% * his first tinea pedis outbreak occurred right after his surgery in Kuwait and remains an ongoing problem resulting recurring breakouts at least twice a year * following multiple appointments at the VA, his condition is managed with topical creams, however after waiting two to three months to be seen by a dermatologist allows time for his outbreaks to clear rendering the dermatologist unable to prescribe him any medication * the VA now accepts photographs as proof of his outbreaks which could have resolved questions about his continual outbreak back in May 2005 * he lived by integrity serving his country proudly and faithfully in the jungles of Panama, the demilitarized zone of Korea, Germany, the Middle East, Bosnia, and other places for over 24 years and now desires the same in return 3. The applicant provides: * DD Form 214 (Certificate of Release or Discharge * Army Human Resources Command (HRC) letter, dated 26 August 2014 * VA Medical Department envelope, stamp dated 2 February 2012 * 11 Xeroxed and 17 printed photographs * VA Letter dated 6 November 2014 * VA Rating Decisions, dated 16 October 2014, 5 April 2013, and 16 November 2006 * medical records (18 pages) * Alabama Dermatology Associates Visit Notes (4 pages) CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 19 March 1981 and continuously served until he retired from active duty, by reason of sufficient service for retirement, on 30 April 2005. He held military occupational specialty 63X (Mechanic) and completed 24 years, 1 month, and 12 days of creditable active duty service. 2. His Official Military Personnel File (OMPF) contains, and he provides, VA rating decisions that include the following evaluations of his tinea pedis as indicated: * 16 November 2006 - he was granted a service connected disability evaluation of 0% effective 1 May 2005 * 5 April 2013 - his current 0% disability evaluation was increased to 10% effective 4 December 2012 * 16 October 2014 - his current 10% disabling evaluation was increased to 30% 3. The applicant applied for benefits under the CRSC program on several occasions for numerous medical conditions. His tinea pedis was determined to be a form of eczema that did not meet the criteria for CRSC. His request for CRSC was approved for two conditions and denied for his remaining conditions on 9 October 2007, 29 January 2013, 15 August 2013, and 26 August 2014. 4. He provides 22 pages of medical documents showing medical treatment he received on active duty. In particular, a Standard Form 513, dated 19 April 1995, shows he had recurrent folliculitis (groin-old follicular scarring, bilateral inner upper thigh), tinea pedis (moccasin distribution scale), and hand eczema (hand with lateral aspect vesicles of digit). 5. He also provides 28 photographs, which show skin rashes on different parts of his body that include his face, fingers and hand, thigh, groin, and feet. REFERENCES: 1. CRSC, as established by Title 10, U.S. Code, seciton 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 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 retired veterans with combat-related injuries who meet all of the following criteria – * Active, Reserve or National Guard with 20 years of creditable service, or permanent medical retiree, or Temporary Early Retirement Authority retiree * receiving military retired pay * have 10% or greater VA rated injury * military retired pay is reduced by VA disability payments (VA Waiver) * the individual has provided documentary evidence that their injury was a result of one of the following – * training that simulates war (e.g., exercises, field training) * hazardous duty (e.g., flight, diving, parachute duty) * an instrumentality of war (e.g., combat vehicles, weapons, etc.) * armed conflict (e.g., award of the Purple Heart) 2. The Under Secretary of Defense, 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: 1. 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, while performing duties simulating combat conditions, or while performing especially hazardous duties such as parachuting or scuba diving. 2. The HRC CRSC Office reviewed his claims and all of the evidence he submitted on four separate occasions. In each case, there was no evidence to show a combat-related event caused his tinea pedis. 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. 3. The applicant has submitted evidence to show that his tinea pedis is service related. The available evidence does not show a combat-related event caused his tinea pedis. The fact that he was in a theater of operations is not, in and of itself, a basis for approval of CRSC. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017060 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017060 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2