DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

			JRE
			Docket No. 05963-05
			6 November 2006

From:	Chairman, Boar for Correction of Naval Records
To:	Secretary of the Navy

Subj:     REVIEW

Ref:	(a) 10 U.S.C. 552

End:	(1) DD Form 149
(2)Subject’s naval record

1.	Pursuant to the pr visions of reference (a), Subject, hereinafter referred to as Petitioner, filed written application, enclosure (1), with this Board requesting, in effect, that the applicable naval record be corrected to show hat he is entitled to combat-related special compensation for venous insufficiency of both legs, and hypertension, and that records which substantiate his claim be produced.

2.	The Board, consisting of Ms. Humberd and Messrs. Pfeiffer and Grover, reviewed Petitioner’ allegations of error and injustice on 28 September 2006, and pursuant to its regulations, determined that the partial corrective action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consisted of t e enclosures, naval records, and applicable statutes, regulation and policies.

3.	The Board, having reviewed all the facts of record pertaining to Petitioner’s allegations of error and injustice, finds as follows:

a.	Before applying to this Board, Petitioner exhausted all administrative remedies which were available under existing law and regulations within t e Department of the Navy.

b.	Enclosure (1) was filed ma timely manner.

c.	Petitioner sustained injuries to both legs on 3 June 1967 while serving in combat in Vietnam, and developed deep vein phlebitis in his legs shortly thereafter. The Department of Veterans Affairs (VA) awarded him disability ratings of 20% for venous insufficiency, right leg and 10% left leg, as well as 10% for hypertension, all of which were effective from 3 August 1996’. VA rating officials attributed the venous insufficient cy to the injury and resulting phlebitis which occurred in June 1967 On 24 March 2004, the Combat Related Special Compensation (CRSC) Branch, Secretary of the Navy Council of Review Boards determined that the venous insufficiency and hypertension were not combat—related, ad denied Petitioner’s request for CRSC for those conditions. On 10 March 2006, after reviewing Petitioner’s application for correction of his naval record, the Commandant of the Marine Corps awarded petitioner the Purple Heart for the injuries he sustained on 3 June 967.

CONCLUSION:

Upon review and conservation of all the evidence of record, and especially in view of he action taken by the Commandant of the Marine Corps of 10 March2006, and after resolving doubt in Petitioner’s favor, the Board concluded hat Petitioner’s venous insufficiency was
incurred in combat, a d that he is entitled to combat-related special compensation for that condition. The Board was not persuaded, however, that his hypertension is combat-related.

In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action.

RECOMMENDAT ION:

a.	That Petition r’ s naval record be corrected to show that that he is entitled to co at-related special compensation for venous insufficiency, right eg, rated at 20% under VA code 7121, and venous insufficiency, left eg, rated at 10% under VA code 7121.

b.	That so much f his request for correction of his record as exceeds the foregoing being denied.

c.	That a copy f this Report of Proceedings be filed in Petitioner’s naval r cord.

4. It is certified at a quorum was present at the Board’s review and deliberations, an that the foregoing is a true and complete record of the Board’s proceedings in the above entitled matter.

ROBERT D. ZSALMAN						JAMES R. EXNICIOS
Recorder								Acting Recorder

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W.	DEAN PFEIFFER
Executive Director

Reviewed and Approved

Robert T. Call
Assistant General Counsel
Manpower and Reserve Affairs)

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5.	The foregoing r~
and action.