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 24 June 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: 001 of 14 April 2020 along with your response to the opinion. A review of your record shows that you entered active duty with the Marine Corps in August 2008. You deployed to Afghanistan on 28 August 2010 through 7 May 2011. Upon your return from deployment, your record documents that you began to suffer mental health symptoms related to your combat zone experiences. A medical board diagnosed you with Post-Traumatic Stress Disorder, Major Depressive Disorder, and Generalized Anxiety Disorder on 20 February 2015 and referred you to the Physical Evaluation Board (PEB). The PEB found you unfit for your mental health conditions and assigned you a disability rating of 50% resulting in your placement on the Temporary Disability Retirement List effective 30 June 2015. However, the PEB determined your disability condition was not the result of a combat-related injury based, in part, on your non-medical assessment that stated your condition was not incurred in combat. Post-retirement, you applied for Combat Related Special Compensation (CRSC) based on your argument that your unfitting mental health conditions were incurred as a result of armed conflict. However, the CRSC Board denied your application on three occasions despite medical evidence that documents your assertions that your conditions were the result of your combat experiences in Afghanistan. Prior to the most recent CRSC Board denial, the Office of the Navy Judge Advocate General (JAG) determined that your PEB findings should be changed to reflect your unfitting conditions were combat related. The JAG decision was based on corroborating evidence you provided that supports your assertions that your mental health conditions were the result of specific combat events in which you were engaged with the enemy. Despite this JAG letter, the CRSC Board again denied your request based on lack of evidence that your disability conditions were caused by a specific combat related event. The Board carefully considered your arguments that you deserve CRSC based on your assertions, and medical records that document your assertions, that you were engaged in the enemy in Afghanistan and these combat-related incidents caused your mental health conditions. You mention in your advisory opinion rebuttal of corroborating evidence of your combat experiences that was used by JAG in reaching their determination. 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) was issued that also addressed CRSC. In your case, the Board concluded the preponderance of the evidence does not support a finding that your mental health conditions were incurred as a result of specific combat-related incidents in which you were engaged with the enemy as a part of armed conflict. While the Board considered your medical records that documents the combat history you provided your medical providers, the Board agreed with the advisory opinion that your record does not support a finding that you were engaged in any combat while in Afghanistan based on the lack of a Combat Action Ribbon, Purple Heart, or any other evidence that documents you were engaged in combat with an enemy combatant. The Board noted that it was insufficient to simply be participating in combat operations while in a combat zone to merit CRSC. Department of Defense policy requires a service member to be injured while engaged in armed conflict with a “hostile or belligerent nation, faction, force, or terrorist.” The Board felt it lacked the documentary evidence to make that finding since you provided none of the evidence submitted to JAG that apparently corroborated your combat experiences. Thus, based on the lack of evidence you were engaged in combat against an enemy, the Board determined insufficient evidence exists to grant your request for CRSC based on an injury incurred as a direct result of armed conflict. 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,