DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 6592-15 HAY 2 0 2016 This is in reference to your application for correction 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 8 April 201~. 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 s-qbrnitted in support thereof, your naval record and applicable statutes, regulations and policies . A review of your record shows you were place~ on the Temporary Disability Retirement List i n. 1955 for epidi dymitis. In 1960, after your condition was correctly diagnosed, you were placed on the Permanent Disapility Retirement List for tuberculosis, genitalia with a 50% disability rating . In 2013, you appli ed for Combat Related Speci al ~on(CRSC) basing your request on .your service · onboard. in the Korean conflict and your participati on in a sea. rescue of aircrew on 25 June 1953. On 30 July 2013, the CRSC Board denied your request -after it was unable to determine that your di agnosis was caused by a specific combat related event. The Board carefully considered your arguments that your prostate glan~ injuries were incurred in combat. Unf ortunately, similar to the CRSC Board, the Board determined that insufficient evidence exists to support relief in your case. In order to qualify for CRSC, a qualifying disability or disabilities must be incurred as a d i rect result of armed conflict. Incurring a disability ·during a peri od 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 a hostile or belligerent which result in the disability. You a rgue that your service during the Korean conflict and your participation in a sea rescue during combat operations qualify you for CRSC. The Board found two issues wit h this argument. First, there was no evidence that your condition was caused by your service in the Korean conflict or participation in a sea rescue . Your record only shows that you discovered the swelling associated wi th your 9i sability while horseback riding at home. Second, even if there were some causal connection between your condition and to the two periods of service you describe, you still would not qualify for CRSC because neither of these are specific combat related events. Participation in combat operations or simple presence in a .combat area is insufficient to qualify for CRSC. Accordingly, the Board was unable to find an error or injustice warranting a correction to your record and denied your application. Your request .for a personal appearance before the Board has also been denied. The Board felt it had sufficient evidence to make a decision in your case and your presence was not required. The names and votes of the members of the panel will be furnished upon request. It is regretted that the circumstances of your case are such that favorable action cannot be taken.. You are entitl ed to have the Board reconsider its decision upon submission of new evidence within one year from the date of the Board's decision. New evidence is evidence not previously considered by the Board prior to making its decision in this case. 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 correcti on of an official naval record, the burden is on the applicant to demonstrate the existence of probabl e material error or injustice. Sincerel y, . ..,. ·~ Executive Director .2