BOARD DATE:	  22 December 2011

		DOCKET NUMBER:  AR20110013354 


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 correction of his records to show entitlement to Combat Related Special Compensation (CRSC) based on an increase in his Department of Veterans Affairs (VA) disability evaluation.

2.  The applicant states his previous request for CRSC was disapproved because he was not a retiree.  Now he is retired, his disability rating has increased, and he meets the CRSC criteria.

3.  The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and the cover page from a 2007 VA rating decision.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to 

timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant served on active duty in the Regular Army from 7 August 1989 through 13 May 1998.  He was honorably discharged that date under the provisions of chapter 4, Army Regulation 635-200, due to completion of required active service.

3.  There is no evidence of record to show he served in any capacity in the Armed Forces after 13 May 1998, earning a military retirement.  

4.  At some point after the applicant was discharged the VA afforded the applicant disability evaluations for post traumatic stress disorder (PTSD) and tension/migraine headaches.  The initial date of award and percentages are not of record.  On 29 August 2007, the VA increased his PTSD evaluation to 100 percent, continued a 50 percent evaluation for his headaches, and granted him special monthly compensation based on their housebound criteria.

5.  CRSC provides military retirees monthly compensation that replaces their VA disability offset.  The 2008 National Defense Authorization Act (NDAA) expanded CRSC eligibility to include Chapter 61 medical retirees with a 30 percent or greater disability rating.  Qualified military retirees must be an active duty or Reserve retiree with 20 or more years of creditable service or a Title 10 USC Chapter 61 medically retiree, be receiving military retired pay, have a 10 percent or greater VA rating for a combat related injury, and have their military retired pay reduced by receipt of or entitlement to VA disability payments.  For the purpose of this section Combat-related includes an injury that 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, Agent Orange) 
* Armed conflict (e.g., gunshot wounds [Purple Heart], punji stick injuries)

DISCUSSION AND CONCLUSIONS:

The applicant does not meet the requirements for entitlement to CRSC.  He is not a military retiree.  He did not complete 20 or more years of service nor was he considered for or granted a medical retirement or medical separation under Chapter 61, Title 10, U.S. Code. 


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)                                         AR20110013354



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ABCMR Record of Proceedings (cont)                                         AR20110013354



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