COMPENSATION TO CERTAIN RETIREES WITH COMBAT-RELATED ;DISABILITIES
Date Signed: 5/27/2003 | MARADMINS Number: 254/03
MARADMINS : 254/03

R 270730Z MAY 03
FM CMC WASHINGTON DC(uc)
TO AL MARADMIN(uc)
MARADMIN
BT
UNCLASSIFIED
MARADMIN 254/03
MSGID/GENADMIN/CMC WASHINGTON DC/MM//
SUBJ/COMPENSATION TO CERTAIN RETIREES WITH COMBAT-RELATED
/DISABILITIES//
REF/A/DOC/CONG/02DEC2002//
AMPN/REF A IS SECTION 636 OF THE NATIONAL DEFENSE AUTHORIZATION ACT
FOR FISCAL YEAR 2003, PUBLIC LAW 107-314, SPECIAL COMPENSATION FOR
CERTAIN COMBAT-RELATED DISABLED UNIFORMED SERVICES RETIREES.//
POC/R. J. CORDERO/CAPT/MMSR-6/-/TEL:1-800-336-4649
/EMAIL:CORDERORJ@MANPOWER.USMC.MIL//
GENTEXT/REMARKS/1. THIS MARADMIN IMPLEMENTS THE REF AND
PRESCRIBES RESPONSIBILITIES AND PROCEDURES TO IDENTIFY AND PAY
THOSE RETIRED MARINES WHO QUALIFY TO RECEIVE COMBAT-RELATED
SPECIAL COMPENSATION (CRSC). REQUEST WIDEST DISSEMINATION TO ALL
HANDS.
2. THE CRSC PROGRAM WILL BECOME EFFECTIVE MAY 31, 2003. FOR
RETIRED MARINES QUALIFIED ON THAT DATE, COMPENSATION ACCRUES
BEGINNING JUNE 2003. PAYMENTS ARE MADE ON THE FIRST DAY OF THE
FIRST MONTH FOLLOWING THE MONTH IN WHICH THE COMPENSATION
ACCRUED (E.G., THE FIRST PAYMENTS MAY BE MADE TO QUALIFIED
RETIRED MARINES ON JULY 1, 2003). NO CRSC IS PAYABLE FOR ANY
MONTH BEFORE JUNE 2003.
3. SINCE CRSC IS NOT RETIRED PAY, IT IS NOT SUBJECT TO THE
PROVISIONS OF SECTION 1408 TITLE 10, U.S.C., RELATING TO
PAYMENT OF RETIRED OR RETAINER PAY IN COMPLIANCE WITH COURT
ORDERS. CRSC IS ALSO NOT SUBJECT TO ANY SURVIVOR BENEFIT
PROVISIONS OF CHAPTER 73, TITLE 10, U.S.C. CRSC IS SUBJECT TO
A TREASURY OFFSET TO RECOVER A DEBT OWED TO THE UNITED STATES
AS WELL AS TO GARNISHMENT FOR CHILD SUPPORT OR ALIMONY.
4. CRSC IS A MONTHLY ENTITLEMENT AND IS TO BE PAID ONLY IN
WHOLE MONTH INCREMENTS ACCORDING TO THE PROCEDURES
PRESCRIBED IN THIS MARADMIN. TO BE ENTITLED TO CRSC, A
RETIRED MARINE MUST FILE AN APPLICATION WITH THE DEPARTMENT OF
THE NAVY, IN ACCORDANCE WITH THE PROCEDURES AND CRITERIA
PRESCRIBED IN THIS MARADMIN. APPLICATIONS FOR CRSC WILL BE
PROCESSED BY THE NAVAL COUNCIL OF PERSONNEL BOARDS (NCPB) -
COMBAT-RELATED SPECIAL COMPENSATION BRANCH UNDER THE GUIDELINES
PRESCRIBED IN THESE INSTRUCTIONS. A RETIRED MARINE IS ENTITLED
TO CRSC FOR EACH MONTH DURING WHICH, FOR THE ENTIRE MONTH, THE
MARINE:
A. HAS APPLIED FOR AND ELECTED CRSC UNDER THESE PROVISIONS,
AND;
B. MEETS PRELIMINARY CRSC CRITERIA, AND;
C. MEETS FINAL CRSC CRITERIA - (THAT IS, HAS A QUALIFYING
COMBAT-RELATED DISABILITY OR DISABILITIES.)
5. PRELIMINARY CRSC CRITERIA: A RETIRED MEMBER OF THE UNIFORMED
SERVICES WHO MEETS EACH OF THE FOUR FOLLOWING CONDITIONS WILL BE
CONSIDERED TO MEET THE PRELIMINARY CRSC CRITERIA:
A. HAS 20 OR MORE YEARS OF SERVICE IN THE UNIFORMED SERVICES
FOR PURPOSES OF COMPUTING THE AMOUNT OF RETIRED PAY.
NOTE 1: MARINES RETIRED UNDER THE PROVISIONS OF SECTION
4403 OF PUBLIC LAW 102-484, OCTOBER 23, 1992, COMMONLY REFERRED TO
AS THE TERA PROGRAM-TEMPORARY EARLY RETIREMENT AUTHORITY - ARE NOT
ELIGIBLE, EVEN IF THEY HAVE SUBSEQUENTLY SERVED IN PUBLIC AND
COMMUNITY SERVICE (PACS) POSITIONS CREDITABLE FOR RE-COMPUTATION OF
RETIRED PAY AT AGE 62, UNLESS THE MARINE HAS BEEN RECALLED TO
ACTIVE DUTY LONG ENOUGH TO ACCUMULATE 20 YEARS OR MORE OF SERVICE
IN THE UNIFORMED SERVICES FOR PURPOSES OF COMPUTING THE AMOUNT OF
RETIRED PAY.
B. IS IN A RETIRED STATUS (I.E., IS ON THE RETIRED ROLLS, OR
HAS BEEN TRANSFERRED TO THE FLEET RESERVE OR FLEET MARINE CORPS
RESERVE).
C. IS ENTITLED TO RETIRED PAY, NOTWITHSTANDING THAT SUCH
RETIRED PAY MAY BE REDUCED DUE TO RECEIPT OF DEPARTMENT OF
VETERANS' AFFAIRS (VA) DISABILITY COMPENSATION.
D. HAS QUALIFYING DISABILITY RATINGS (PERCENTAGES): A
RETIRED MARINE MUST HAVE A CURRENT COMBINED VA DISABILITY RATING
(ACCORDING TO THE VA COMBINED RATING TABLE) FOR DISABILITIES THAT
MEET THE FOLLOWING PRESCRIBED THRESHOLDS:
1. A CURRENT COMBINED DISABILITY RATING OF AT LEAST
10% DISABLING IF THE RETIRED MARINE HAS BEEN AWARDED A PURPLE
HEART, OR;
2. A CURRENT COMBINED VA DISABILITY RATING OF AT
LEAST 60% DISABLING.
6. IF A RETIRED MARINE DOES NOT SATISFY EACH OF THE PRELIMINARY
CRSC CRITERIA IN SUBPARAGRAPHS A THROUGH D ABOVE, NO FURTHER
CONSIDERATION BY THE NCPB IS NECESSARY. IF THE MARINE DOES NOT
MEET DISABILITY RATING THEN THE APPLICATION WILL BE DENIED
ACCORDINGLY. A MARINE SHOULD REAPPLY AT SUCH TIME AS HIS/HER
DISABILITY RATINGS INCREASE TO A PERCENTAGE THAT SATISFIES THE
SPECIFIED THRESHOLDS AND HE/SHE MEETS ALL FOUR PRELIMINARY CRSC
CRITERIA.
7. FINAL CRSC CRITERIA -- QUALIFYING COMBAT-RELATED DISABILITY:
A RETIRED MARINE IS ENTITLED TO CRSC ONLY IF HE/SHE HAS A CURRENT
COMBINED DISABILITY RATING (ACCORDING TO THE VA COMBINED RATINGS
TABLE) CRITERIA:
A. FOR A MARINE WHO HAS BEEN AWARDED A PURPLE HEART, A
CURRENT COMBINED DISABILITY RATING FOR PURPLE HEART DISABILITIES
THAT IS AT LEAST 10% DISABLING OR;
B. A CURRENT COMBINED DISABILITY RATING FOR ALL COMBAT-
RELATED DISABILITIES THAT IS AT LEAST 60% DISABLING.
8. A COMBAT-RELATED DISABILITY IS A DISABILITY WITH AN ASSIGNED
MEDICAL DIAGNOSIS CODE FROM THE VA SCHEDULE FOR RATING
DISABILITIES (VASRD) THAT WAS INCURRED:
A. AS A DIRECT RESULT OF ARMED CONFLICT, THE DISABILITY IS
A DISEASE OR INJURY INCURRED IN THE LINE OF DUTY AS A DIRECT
RESULT OF ARMED CONFLICT. THE FACT THAT A MEMBER INCURRED THE
DISABILITY DURING A PERIOD OF WAR OR AN AREA OF ARMED CONFLICT OR
WHILE PARTICIPATING IN COMBAT OPERATIONS IS NOT SUFFICIENT TO
SUPPORT A COMBAT-RELATED DETERMINATION. THERE MUST BE A DEFINITE
CAUSAL RELATIONSHIP BETWEEN THE ARMED CONFLICT AND THE RESULTING
DISABILITY. ARMED CONFLICT INCLUDES A WAR, EXPEDITION,
OCCUPATION OF AN AREA OR TERRITORY, BATTLE, SKIRMISH, RAID,
INVASION, REBELLION, INSURRECTION, GUERILLA ACTION, RIOT, OR ANY
OTHER ACTION IN WHICH SERVICE MEMBERS ARE ENGAGED WITH A HOSTILE
OR BELLIGERENT NATION, FACTION, FORCE, OR TERRORISTS. ARMED
CONFLICT MAY ALSO INCLUDE SUCH SITUATIONS AS INCIDENTS INVOLVING A
MEMBER WHILE INTERNED AS A PRISONER OF WAR OR WHILE DETAINED
AGAINST HIS OR HER WILL IN CUSTODY OF A HOSTILE OR BELLIGERENT
FORCE OR WHILE ESCAPING OR ATTEMPTING TO ESCAPE FROM SUCH
CONFINEMENT, PRISONER OF WAR, OR DETAINED STATUS, OR;
B. WHILE ENGAGED IN HAZARDOUS SERVICE, SUCH SERVICE
INCLUDES, BUT IS NOT LIMITED TO, AERIAL FLIGHT, PARACHUTE DUTY,
DEMOLITION DUTY, EXPERIMENTAL STRESS DUTY, AND DIVING DUTY. A
FINDING THAT A DISABILITY IS THE RESULT OF SUCH HAZARDOUS SERVICE
REQUIRES THAT THE INJURY OR DISEASE BE THE DIRECT RESULT OF
ACTIONS TAKEN IN THE PERFORMANCE OF SUCH SERVICE. TRAVEL TO AND
FROM SUCH SERVICE, OR ACTIONS INCIDENTAL TO A NORMAL DUTY STATUS
NOT CONSIDERED HAZARDOUS ARE NOT INCLUDED, OR;
C. IN THE PERFORMANCE OF DUTY UNDER CONDITIONS SIMULATING
WAR, IN GENERAL THIS COVERS DISABILITIES RESULTING FROM MILITARY
TRAINING, SUCH AS WAR GAMES, PRACTICE ALERTS, TACTICAL EXERCISES,
AIRBORNE OPERATIONS, LEADERSHIP REACTION COURSES, GRENADE AND
LIVE FIRE WEAPONS PRACTICE, BAYONET TRAINING, HAND-TO-HAND COMBAT
TRAINING, REPELLING, AND NEGOTIATION OF COMBAT CONFIDENCE AND
OBSTACLE COURSES. IT DOES NOT INCLUDE PHYSICAL TRAINING
ACTIVITIES SUCH AS CALISTHENICS AND JOGGING OR FORMATION RUNNING
AND SUPERVISED SPORT ACTIVITIES, OR;
D. THROUGH AN INSTRUMENTALITY OF WAR, INCURRENCE DURING
AN ACTUAL PERIOD OF WAR IS NOT REQUIRED. HOWEVER, THERE MUST BE
A DIRECT CAUSAL RELATIONSHIP BETWEEN THE INSTRUMENTALITY OF WAR
AND THE DISABILITY. THE DISABILITY MUST BE INCURRED INCIDENT TO
A HAZARD OR RISK OF THE SERVICE. AN INSTRUMENTALITY OF WAR IS A
VEHICLE, VESSEL, OR DEVICE DESIGNED PRIMARILY FOR MILITARY
SERVICE AND INTENDED FOR USE IN SUCH SERVICE AT THE TIME OF THE
OCCURRENCE OR INJURY. IT MAY ALSO INCLUDE SUCH INSTRUMENTALITIES
NOT DESIGNED PRIMARILY FOR MILITARY SERVICE IF USE OF OR
OCCURRENCE INVOLVING SUCH INSTRUMENTALITY SUBJECTS THE
INDIVIDUAL TO A HAZARD PECULIAR TO MILITARY SERVICE. SUCH USE
OR OCCURRENCE DIFFERS FROM THE USE OR OCCURRENCE UNDER SIMILAR
CIRCUMSTANCES IN CIVILIAN PURSUITS. A DETERMINATION THAT A
DISABILITY IS THE RESULT OF AN INSTRUMENTALITY OF WAR MAY BE
MADE IF THE DISABILITY WAS INCURRED IN ANY PERIOD OF SERVICE AS
A RESULT OF SUCH DIVERSE CAUSES AS WOUNDS CAUSED BY A MILITARY
WEAPON, ACCIDENTS INVOLVING A MILITARY COMBAT VEHICLE, INJURY OR
SICKNESS CAUSED BY FUMES, GASES, OR EXPLOSION OF MILITARY ORDNANCE,
VEHICLES, OR MATERIAL.
9. BASIS FOR DETERMINATIONS: DETERMINATIONS OF WHETHER A
DISABILITY IS COMBAT-RELATED WILL BE BASED ON THE MAJORITY OF
AVAILABLE DOCUMENTARY EVIDENCE WHERE QUALITY OF EVIDENCE IS MORE
IMPORTANT THAN QUANTITY. ALL RELEVANT DOCUMENTARY EVIDENCE IS TO
BE WEIGHED IN RELATION TO KNOWN FACTS AND CIRCUMSTANCES, AND
DETERMINATIONS WILL BE MADE ON THE BASIS OF CREDIBLE, OBJECTIVE
EVIDENCE IN THE RECORDS AS DISTINGUISHED FROM PERSONAL OPINION,
SPECULATION, OR ASSUMPTION. THE BURDEN OF PROOF THAT A DISABILITY
IS COMBAT-RELATED RESTS WITH THE APPLICANT. APPLICANTS WILL BE
REQUIRED TO PROVIDE COPIES OF DOCUMENTS IN THEIR POSSESSION TO THE
BEST OF THEIR ABILITY. A RECORD SUBMITTED BY A RETIRED MARINE MAY
BE USED AS EVIDENCE IF THAT RECORD APPEARS REGULAR ON ITS FACE AND
IS CONSISTENT WITH MILITARY SERVICE DOCUMENTS AND PROCEDURES IN
USE AT THE TIME, BASED ON THE BEST INFORMATION AVAILABLE. THE
NCPB MAY COMPILE A LIST OF TYPICAL DOCUMENTS USED IN VARIOUS TIME
PERIODS (WITH SAMPLES, AS APPROPRIATE). WHEN DOCUMENTARY EVIDENCE
PROVIDED BY THE MARINE, IN CONJUNCTION WITH AUTOMATED SERVICE
RECORDS, IS INSUFFICIENT TO SUPPORT A DETERMINATION THAT THE
DISABILITY IS COMBAT-RELATED, THE NCPB MAY SEEK ADDITIONAL
EVIDENCE, INCLUDING DOCUMENTS FROM THE NATIONAL PERSONNEL RECORDS
CENTER AND/OR THE VA.
IN RESPONSE TO SUCH REQUESTS, THE VA WILL PROVIDE A RECORD
EXTRACT CONTAINING:
A. A COPY OF ANY DD FORM 214'S ON FILE, AND;
B. A COPY OF THE SERVICE MEDICAL RECORD, AND;
C. A COPY OF ANY FINAL RATINGS PREPARED BY THE VA.
10. RECONSIDERATIONS AND APPEALS: INFORMATION ON SUBMITTING
REQUESTS FOR RECONSIDERATION BY NCPB, AS WELL AS APPEALS TO THE
PRINCIPLE DEPUTY UNDERSECRETARY OF DEFENSE (PDUSD), PERSONNEL
AND READINESS (P&R) CAN BE OBTAINED FROM NCPB VIA THE CONTACT
INFORMATION LISTED IN PARAGRAPH 11.
11. APPLICATIONS CAN BE OBTAINED FROM THE DEFENSE MANPOWER DATA
CENTER (DMDC) AT WWW.DMDC.OSD.MIL/CRSC/. APPLICATIONS SHOULD BE
SUBMITTED TO THE FOLLOWING ADDRESS:
DEPARTMENT OF THE NAVY
NAVAL COUNCIL OF PERSONNEL BOARDS
COMBAT-RELATED SPECIAL COMPENSATION BRANCH
720 KENNON STREET SE, SUITE 309
WASHINGTON NAVY YARD, DC 20374-5023.
THE NCPB ALSO MAINTAINS AN INFORMATIONAL WEBSITE AT
WWW.HQ.NAVY.MIL/NCPB AND CAN ALSO BE REACHED AT
1-877-366-2772.//