IN THE CASE OF: BOARD DATE: 5 April 2012 DOCKET NUMBER: AR20110014048 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 entitlement to Combat Related Special Compensation (CRSC) based on a service-connected disability currently rated at 10 percent by the Department of Veterans Affairs (VA). 2. The applicant states that while in Vietnam, he was jumping from helicopters several times per month as part of combat assault missions. He contends he made several bad landings injuring his knees and back. The U.S. Army Human Resources Command (USAHRC) CRSC Branch at Fort Knox, KY has denied his request twice and he feels the CRSC Branch is incorrect for not granting his request for CRSC. 3. The applicant provides: * service medical records and VA Progress Notes * three letters from USAHRC * three CRSC Forms 12e (CRSC Reconsideration Request) * two letters from the VA * orders for the Combat Infantryman Badge * a citation for award of the Air Medal CONSIDERATION OF EVIDENCE: 1. The applicant was inducted into the Army of the United States on 13 February 1968 and upon completion of initial entry training he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). He continued his service on active duty through a series of reenlistments and serving in various MOS's until he was placed on the Retired List effective 1 March 1988. 2. His DA Form 2-1 (Personnel Qualification Record) shows he served in Vietnam from 19 October 1968 to 14 April 1970 and from 6 December 1972 to 10 March 1973. 3. Records show he was previously awarded CRSC for bilateral, degenerative arthritis of his knees. 4. On 20 May 2011, the CRSC Branch denied the applicant's request for reconsideration (original application on 9 September 2004) for CRSC based on "degenerative disease, lumbar spine with chronic back pain." The CRSC Branch indicated it was the final disapproval and further indicated that the documentation provided showed the applicant had the condition he claimed; however, the documentation did not show a relationship between an injury and a combat event. 5. He provides a letter from the VA that indicates his lumbosacral or cervical strain is service-connected and could have been caused by his combat-related duties in Vietnam. 6. He also provides service medical records and VA Progress Notes that show he had been treated for chronic back pain. 7. There is no evidence of record showing his degenerative disease, lumbar spine with chronic back pain was sustained as a direct result of armed conflict, specially hazardous duty, training exercises that simulated war, or caused by an instrumentality of war. 8. The Under Secretary of Defense for Military Personnel Policy provided policy guidance on the processing of CRSC appeals. The guidance states 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. 9. CRSC, as established by Title 10, U.S. Code, section 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 were not for the statutory prohibition for a military retiree to receive a VA disability pension. a. Payment is made by the Military Department, not the VA, and is tax-free. b. 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. c. Qualified disabilities must be compensated by the VA and rated at least 10 percent disabling. d. 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-percent disabled or who are rated at least 60 percent disabled as a direct result of armed conflict, specially hazardous duty, training exercises that simulate war, or caused by an instrumentality of war. e. 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 to the military retiree a portion of the waived retired pay. DISCUSSION AND CONCLUSIONS: 1. The applicant submitted documentation showing he was treated for back problems and that he has service-connected medical conditions; however, the available evidence does not show his back problems were the result of combat-related events. 2. The applicant's contention and evidence submitted have been carefully considered. However, there is no evidence of record and the applicant did not provide any evidence to establish a direct, causal relationship of his degenerative disease, lumbar spine with chronic back pain to war or the simulation of war. 3. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief. 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) AR20110014048 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110014048 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1