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 29 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 CORB letter 5819 CORB: 20 of 26 March 2020 along with your response to the opinion. A review of your record shows that you entered active duty with the Navy in March 2009. You deployed to Afghanistan in March 2010 during which you assert that you were present during an attack on your camp on 16 May 2010. On 29 February 2012, you were found unfit for Bipolar Disorder and eventually transferred to the Permanent Disability Retirement List. Upon your retirement, you filed for Combat Related Special Compensation (CRSC) based on Post-Traumatic Stress Disorder (PTSD). You argued that you developed this condition as a result of the 16 May 2010 attack on your camp. The CRSC Board denied your application after concluding that your Bipolar Disorder could not be connected to a specific combat related event. You filed for reconsideration after the Department of Veterans Affairs added PTSD to your Bipolar Disorder rating. However, the CRSC Board again denied your application based on lack of evidence that your condition was incurred as a result of a combat related event. The Board carefully considered your arguments that you deserve CRSC based on your VA rating for PTSD that was determined to be Gulf War incurred. You describe the trauma you experienced as a result of the 16 May 2010 incident that occurred at . 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 did not support a finding that your PTSD met the criteria for CRSC due to armed conflict. In order to qualify for CRSC under armed conflict, the CRSC guidance requires a service member to incur a disability condition while “engaged with a hostile or belligerent nation, faction, force, or terrorists.” The guidance further states that incurring a disability “during a period of war or an area of armed conflict or while participating in combat operation is not sufficient to support a combat-related determination.” In applying this guidance to the facts of your case, the Board was unable to find evidence that your condition was incurred while you were “engaged” with the enemy. While you assert that your condition resulted as a result of the May 2010 fire at Camp Leatherneck, the Board found no evidence that you were the subject of an enemy attack that day or engaged with the enemy during the course of the event. 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, 7/30/2021 Deputy Director