DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Dear This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code. After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. A three-member panel of the Board, sitting in executive session, considered your application on 1 July 2021. The names and votes of the members of the panel will be furnished upon request. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions of your naval record and applicable statutes, regulations and policies. In addition, the Board considered the advisory opinion contained in Director CORB letter 5819 CORB: 001 of 20 April 2020; a copy of which was previously provided to you for comment. A review of your record shows that you entered active duty with the Marine Corps in June 2004. You participated in several combat operations including a deployment to Iraq from August 2008 through March 2009. On 30 March 2017, you were released from active duty and transferred to the Permanent Disability Retirement List after being found unfit by the Physical Evaluation Board for back issues. Post-discharge, the Department of Veterans Affairs (VA) assigned you multiple disability ratings for service connected conditions including Post-Traumatic Stress Disorder (PTSD). As a result, you applied for Combat Related Special Compensation (CRSC) for your PTSD condition but was denied by the CRSC Board on 16 December 2019. Upon reconsideration, the CRSC Board granted you CRSC for two unrelated disability conditions but again denied your PTSD claim based on lack of evidence that a specific combat-related event caused your condition. The Board carefully considered your arguments that you deserve CRSC for your PTSD. You rely on your VA combat determination as evidence that you should qualify for CRSC. Unfortunately, the Board disagreed with your rationale for relief. In making their findings, the Board substantially concurred with the advisory opinion in your case. Section 1413a of Title 10, United States Code, provides the statutory authority for payment of CRSC. Based on procedures and criteria prescribed by the Secretary of Defense, it allows for payment of CRSC for combat-related disabilities incurred as a direct result of armed conflict, while engaged in hazardous service, in the performance of duty under conditions simulating war, or through an instrumentality of war. In addition, CRSC may be awarded if a disability is attributable to an injury for which a Purple Heat was awarded. The Office of the Under Secretary of Defense issued a Directive Type Memorandum (DTM) on 27 April 2004 that provided guidance on CRSC. Additionally, Department of Defense Regulation 7000.14-R (Financial Management Regulation) was issued that also addressed CRSC. In your case, the Board determined that the preponderance of the evidence does not support a finding that your PTSD was incurred as a direct result of armed conflict. The April 2004 DTM states the “fact 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.” As pointed out in the advisory opinion, there was insufficient medical evidence to determine the origins of your PTSD and whether it was incurred while “engaged with a hostile or belligerent nation, faction, force, or terrorists.” Absent evidence that documents a nexus between your PTSD and a qualifying engagement within the definition of the DTM, the Board determined the preponderance of the evidence does not support a finding that you qualify for payment of CRSC. In the Board’s opinion, the VA findings that your PTSD was somehow combat related was insufficient evidence to support payment of CRSC since it was unclear what evidence the VA relied upon in making its “combat” determination. Therefore, the Board determined the CRSC Board decisions to deny your claim remain appropriate. Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record. You are entitled to have the Board reconsider its decision upon submission of new matters, which will require you to complete and submit a new DD Form 149. New matters are those not previously presented to or considered by the Board. In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice. Sincerely, 7/2/2021 Deputy Director