IN THE CASE OF:  

		BOARD DATE:  3 February 2022

		DOCKET NUMBER: AR20210012984


APPLICANT REQUESTS:  reversal of the U.S. Army Human Resources Command 
decision for payment of Combat-Related Special Compensation (CRSC).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Self-Authored Statement
*	Department of Veterans Affairs (VA) Rating Decision
*	U.S. Army Human Resources Command (HRC) Decision, 17 October 2019
*	Gulf War Verification Letter
*	Meritorious Service Medal Certificate
*	DA Form 638 (Recommendation for Award)
*	Army Commendation Medal Certificate
*	Operation Desert Storm Certificate

FACTS:

1.  The applicant did not file within the three-year time frame provided in Title 10, United 
States Code, section 1552(b); however, the Army Board for Correction of Military 
Records (ABCMR) conducted a substantive review of this case and determined it is in 
the interest of justice to excuse the applicant's failure to timely file.

2.  The applicant states he believes the decision was made incorrectly, since he fulfills 
all the requirements for CRSC. He received a rating of unemployability for service-
connected disability of other specified trauma, stress-related disorder.

3.  The applicant was inducted into the Army of the United States on 17 June 1971. He 
was honorably released from active duty and transferred to the U.S. Army Reserve 
(USAR) on 16 June 1973.

4.  He entered active duty as a member of the Regular Army on 19 April 1977. He 
served in: 

*	Korea from 23 August 1977 to 21 August 1978
*	Italy from 30 October 1979 to 22 September 1983
*	Germany from 25 April 1989 to 13 December 1991, with service in Saudi Arabia 
from 28 December 1990 to 18 May 1991
*	Korea from 23 February 1997 to 20 March 1998

5.  The applicant provides:

*	an Army Commendation Medal Certificate, dated 15 March 1991 awarded to the 
applicant for meritorious service during Operation Desert Shield and Desert 
Storm from 17 January through 1 March 1991
*	an award recommendation for the Meritorious Service Medal for the applicant
*	a Meritorious Service Medal Certificate, dated 30 October 1991 awarded to the 
applicant for exceptionally meritorious service as the brigade S-4 
noncommissioned officer in charge
*	an Operation Desert Storm Certificate awarded to the applicant for serving with 
distinction fighting for the Liberation of Kuwait
*	a letter from the Persian Gulf Veteran’s Hotline, dated 26 April 1995, which 
confirms the applicant’s service during the Persian Gulf War, specifically his 
service in Southwest Asia from 23 December 1990 to 18 May 1991

6.  On 30 November 2000, the applicant was retired from active duty for sufficient 
service for retirement. His DD Form 214 (Certificate of Release or Discharge from 
Active Duty) shows he completed 23 years, 7 months, and 12 days of active service, 
with 2 years of prior active service. 

7.  On 4 March 2016, HRC reviewed the applicant’s claim for CRSC and were unable to 
verify his request for CRSC for "Other specified trauma and stressor-related disorder." 
The justification states there was no documentation in the claim that establishes a 
definite causal relationship between a combat-related event and the resulting disability.

8.  On 1 February 2019, HRC reviewed the applicant’s claim for CRSC and were unable 
to verify as a combat-related disability his request for CRSC pertaining to "Other 
specified trauma and stressor-related disorder." The justification states he previously 
requested and there was no new evidence provided to show combat-related event 
caused condition.

9.  On 17 October 2019, HRC notified the applicant by letter that the CRSC office has 
completed processing his reconsideration claim. After carefully reviewing the available 
documentation, they were unable to award him CRSC for other specified trauma and 
stressor-related disorder. The documentation submitted does not link his disability to a 
combat-related event. His claim has previously been processed at the initial, 
reconsideration, and appeal levels. During each review, the staff made every effort to 
consistently and fairly review all available documentation and accurately adhere to the 
standards. They consider the determination final. 

10.  By statute, an eligible combat-related disabled uniformed services retiree is a 
member of the uniformed services who:

*	is entitled to retired pay and
*	has a combat-related disability

11.  The applicant provided supporting evidence to show his condition is service-related 
but not combat-related. HRC’s website provides further eligibility criteria for CRSC:

*	receiving military retired pay
*	have 10% or greater VA rated injury that is combat-related
*	military retired pay is reduced by VA disability payments; and
*	must be able to provide documentary evidence that the injury was a result of

*	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. fun shot wounds (Purple Heart), punji stick injuries)

12.  MEDICAL REVIEW:  The Army Review Boards Agency (ARBA) Medical Advisor 
reviewed the supporting documents and the applicant’s military service records. 

     a.  A review of the VA's Joint Legacy Viewer indicates the applicant received a 10% 
service connected disability rating for Major Depressive Disorder (MDD) effective 5 
February 2002. Effective 31 October 2014, his MDD rating was changed to a rating for 
Other Specified Trauma or Stressor Related Disorder and his rating percentage was 
increased to 50%. Effective 9 March 2018, he was awarded individual unemployability 
with no increase in his rating. 

     b.  A review of his service record indicates he received an award for his service as a 
supply specialist for field exercises and Operation Desert Storm. There is no indication 
in his service record that he engaged in combat with the enemy. It is acknowledged that 
his diagnosis is service connected and deployment related. This does not equate to 
combat related.


BOARD DISCUSSION:

1.  After reviewing the application, all supporting documents, and the evidence found 
within the military record, the Board found relief is not warranted. 
2.  The Board found no evidence indicating the applicant's disabling condition was a 
result of a combat-related event.  In the absence of such evidence, the Board 
determined HRC's decision to deny CRSC is not in error or unjust.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:XX	:XX	:XX	DENY APPLICATION


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.

		  
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.


REFERENCES:

1.  Title 10, United States 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 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.

2.  Title 10, United States Code, section 1413a (Combat-Related Special Compensation 
(CRSC)) provides the eligibility criteria for members. an eligible combat-related disabled 
uniformed services retiree is a member of the uniformed services who:

*	is entitled to retired pay; and
*	has a combat-related disability

3.  The U.S. Army Human Resources Command Website provides additional eligibility 
criteria for members concerning CRSC:

*	receiving military retired pay
*	have 10% or greater VA rated injury that is combat-related
*	military retired pay is reduced by VA disability payments; and
*	must be able to provide documentary evidence that the injury was a result of

*	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. fun shot wounds (Purple Heart), punji stick injuries)

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20210012984


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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