DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No 5905-20 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 12 August 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 25 November 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 Navy in July 1983 and deployed to the Gulf earning two medals. After retiring in 2003, the Department of Veterans Affairs (VA) rated you for a number of service connected disability conditions including Eczema, Hiatal Hernia, and Chronic Low Back Pain. Based on your VA ratings, you applied for Combat Related Special Compensation (CRSC) in November 2015. However, your claim was denied by the CRSC Board on 2 December 2015. This Board similarly denied your CRSC claim based on lack of evidence that your conditions qualified for payment. You subsequently requested reconsideration of the Board decision. The Board carefully considered your arguments that you qualify for CRSC for your Eczema and low back pain since both have unknown causes. As a result, you assert that you qualify as a gulf war veteran due under gulf war illness. 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 on 27 April 2004 that provided guidance on CRSC. Additionally, Department of Defense Regulation 7000.14-R (Financial Management Regulation) also addresses CRSC by stating “determinations of whether a disability is combat-related for CRSC will be based on the preponderance of available documentary information where quality of information is more important than quantity. All relevant documentary information is to be weighed in relation to known facts and circumstances, and determinations will be made on the basis of credible, objective documentary information in the records as distinguished from personal opinion, speculation, or conjecture.” In your case, the Board concluded the preponderance of the evidence does not support a finding that you qualify for CRSC under any of the qualifying criteria for payment. The Board agreed with the advisory opinion that your VA ratings do not specific that your Eczema or back condition were “undiagnosed” illnesses to qualify as gulf war related conditions. In addition, neither condition is considered a presumptive gulf war illness condition. Therefore, absent evidence that either condition is an undiagnosed illness that qualifies as a gulf war illness; the Board concluded you do not qualify for CRSC for these conditions. 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, 8/17/2021 Deputy Director