DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 
Docket No: 8 Apr 16  7053-15  
From: To:  Chairman, Board for Correction of Naval Secretary of the Navy  Records  
Subj:  REVIEW OF  NAVAL RECORD  ICO  


Ref: (a) Title 10 U.S.C. 1552 
Encl: (1) DD Form 149 w/attachments 
(2) Subject's naval record 
1. Pursuant to the provisions of reference (a) Subject, hereinafter . referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to change the Physical Evaluation Board (PEB) finding that his disability did not result from a combat related injury as defined by Title 26 U.S. Code Section 104 (b) (3) reviewed Petitioner's allegations of error and injustice on 8 April 2016 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consisted of the enclosures, naval records, and applicable statutes, regulations and policies. 
3. The Board, having reviewed all the facts of record perta.ining to Petitioner's allegations of error and injustice, finds as follows: 
a. Before applyi ng to this Board, Petitioner exhausted al l administrative remedies available under existing law and regulations within the Department of the Navy. 
b . Petitioner was found unfit for continued naval service for FLEXION CONTRACTURE RIGHT ELBOW, VASRD 5207 by the PEB on 18 March 2014. His disability was determined not to be a result of a combat related injury as defined by Title 26 U.S. Code Section 104(b) (3). Since the condition was rated at 10%·, Petitioner ·was discharged with severance pay. 

c. Pet itioner appealed the PEB determination that his disability was not the result of a combat re.lated injury to the Office of the Judge Advocate General (OJAG) , the appellate authority for PEB combat related determinations under Title 26 U.S. Code Section 104(b) (3). On 16 September 2014, OJAG ruled that Petitioner's disability was incurred under conditions simulating war and qualified as a combat r elated injury as defined by the statute. 

CONCLUSION 
Upon review and consideration .of all the evidence of record, the Board f i nds the existence of an injustice warranting the following corrective action after concurring with the OJAG decision of 16 September 2014. 
RECOMMENDATION: 
That Petitioner's naval record be corrected, where appropriate, to show that: 
~ 
a. The PEB determined that his disability did resul t from a combat related injury as defined by Title 26 U.S. Code Section 104(b)'(3) resulting in the exemption of disability pay from federal income taxation. 

b. A copy of this Report of Proceedings will be filed in Petitioner's naval record. 


4. It is certified that quorum was pr~sent at the Board's review and deliberations, and that the foregoing is a lete record of the Board's proceedings in t he above 

5. Pursuant to the delegation of authorI Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(e)) and having assured compliance with its provisions, it is hereby.announced that the foregoing corrective action, taken under the authority of reference (a), has been approved by the Board on behalf of the Secretary of the Navy. 
Executive Director