IN THE CASE OF: BOARD DATE: 23 August 2012 DOCKET NUMBER: AR20110021776 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 reversal of the decision to deny him combat-related special compensation (CRSC). 2. The applicant states: * He applied for CRSC, but he was denied because his medical records were not available for review * The National Personnel Records Center (NPRC) located his medical records for the U.S. Army Human Resources Command (HRC) 3. The applicant provides: * CRSC denial letter from HRC, Fort Knox, KY, dated 29 April 2011 * Eight DD Forms 214 (Certificate of Release or Discharge from Active Duty), dated between 5 January 1957 and 29 February 1980 * Orders 010-12, issued by Headquarters, 1st Personnel Command, Germany, dated 15 January 1980 * Department of Veterans Affairs (VA) rating/appeal decision, dated 5 January 2009 * VA rating decision, dated 5 March 1991 * DA Form 1 (Morning Report), dated 18 November 1961 * U.S. Army medical records for treatment of a broken leg CONSIDERATION OF EVIDENCE: 1. The applicant is a Retired Army (RA) master sergeant (MSG)/E-8 who initially enlisted in the RA on 5 January 1957. With the exception of his initial period of service when he held military occupational specialty (MOS) 941.10 (Cook), he held communications MOSs culminating with MOS 31Z4H (Communications – Electronics Operations Chief). He served in a variety of stateside and overseas assignments. 2. On 29 February 1980, he was retired by reason of sufficient service for retirement. He was placed on the Retired List in his retired rank/grade of MSG/E-8 on 1 March 1980. His DD Form 214 shows he completed 23 years and 13 days of creditable active service. 3. His complete service and/or VA medical records are not available for review with this case. He submitted extracts of his VA and Army records that show he suffered a compound fracture of his right tibia in a vehicle accident on 18 November 1961 while stationed in Germany. On 5 March 1991, the VA awarded him a 10% service-connected disability for his broken leg. 4. On 5 January 2009, the VA made the following determination regarding a rating appeal: * Service-connected for: * broken right leg – 10% * hypertension – 10% * Not service-connected, not subject to compensation * Right shoulder injury * Low back pain * Left knee condition * Right knee condition * Left ankle swelling * Right ankle swelling * Tumor, left tonsil * Tumor, right parotid gland * Tumor, left testicle * Leg numbness 5. On 29 April 2011, by letter, an official at HRC notified him that his claim for CRSC was again denied. The original denial is not a matter of record. 6. 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% 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. The military retiree must show that 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 broke his leg in a vehicle accident in Germany in 1961. His injury did not occur in combat and was not combat-related. 3. CRSC determinations require evidence of a direct, causal relationship to the military retiree's VA rated disabilities to war or the simulation of war. 4. There is no evidence of record and the applicant did not provide any evidence to establish a direct causal relationship to the applicant's VA rated disabilities to war or the simulation of war. 5. 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) AR20110021776 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110021776 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1