DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 6383-15 HAY 2 0 ~016 This is in reference to your application for c9rrection of your naval record pursuant to the provisions of 10. USC 1552. A three-member panel of the Board for. Correction of Naval Records, sitting in executive session, considered your application on 1 April 2016. 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, your naval record and applicable .statutes, regulations and policies. A review of your record shows you applied for Combat Related Special Compensation (CR.SC) in May 2015 based on your Department of Veterans Affairs service connected disability ratings for major depressive disorder sleep apnea, diabetes mellitus, familial . tremor, and rhinitis with sinusitis. The basis of your claim was· that your conditions were caused as a direct result of armed conflict. That same month, the CRSC Board denied your request stating that you failed to provide evidence t hat your diagnoses were caused by a specific combat rel ated ~vent. The Board carefully considered your arguments that you deserve CRSC due to service connected disabi lities caused by your duties as a Foreign Object Damage Control Officer onboard during the Gulf War. You contend that you were exposed to chemical or biological agents used by Saddam Hussein during the war by working with aircraft that were similarly exposed. Unfortunat ely, the Board disagreed with your rationale for relief. In order to qualify for CRSC, your qualifying disability or disabilities must be incurred as a direct result of armed conflict . Incurring a disability during a period of war or in an area of armed conflict or while participating in combat operation is not sufficient to qualify for CRSC. A service member must be engaged with the enemy or belligerent which result in the disability. In your case, the Board was unable to find evi dence that you were engaged in armed conflict and that it caused your diagnos~s for .which you claim CRSC. What you describe in your application is participation in combat operations in a combat zone; circumstances wh~ch are specifically excluded from the definition of armed conflict i n the CRSC guidance without additional evidence that you were also directly engaged with the enemy. Accordingly, the Board was unable to find an error or injustice warranting a correction to your record and denied your application. The names and votes of the members of the panel will be furnished upon request. The Board did not address your request for CRSC due to Instrumentality of War . The Board found that you did not exhaust your administrative remedies by applying to the CRSC Board for that basis . Your denied CRSC application of May 2015 was bas~d solely on yoµr request to be considered for disabilities caused by armed conflict. It is regretted t hat the circumstances of your case are such that favorable action cannot be taken. You are entitled to have the Board reconsider i t s decision upon submission of new evidence withi n one year from the date of the Board1s decision. New evidence is evidence not previously considered by the Board pr ior to making its decision in this case. In this regard, it is important to keep in mind that a presumption of regularity attaches t o all official records. Consequently, when applying for a correction of an official naval re