Compensation to Certain Retirees with Combat-Related Disabilities

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.