DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8828-16 MAY 07 2017 From: Chairman, Board for Correction ofNaval Records To: Secretary ofthe Navy 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 ofreference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to grant her Combat Related Special Compensation for her Post-Traumatic Stress Disorder (PTSD). 2. The Board, consisting of , reviewed Petitioner's allegations oferror and injustice on 13 April 2017 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence ofrecord. 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 ofrecord pertaining to Petitioner's allegations of error and injustice, finds as follows: a. Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department ofthe Navy. b. Petitioner was deployed to Afghanistan in April 2010 when she was injured during a vehicle accident requiring her return to CONUS. After her return, she described two combatrelated incidents where she was almost struck by sniper bullets. These incidents, along with other experiences in Afghanistan, led to her diagnosis ofPTSD in 2011 and referral to a medical board. c. Petitioner was placed on the Temporary Disability Retirement List effective 31 August 2012 as a result of a Physical Evaluation Board (PEB) finding ofunfitness for continued naval service due to PTSD. Her condition was rated at 50% by the PEB and determined to have been incurred in a combat zone as a direct result of armed conflict in accordance with 26 USC 104(b)(3). d. Petitioner applied for CRSC and was denied by the CRSC Board on 8 September 2016 due to lack ofevidence that her condition was incurred as a direct result ofarmed conflict. CONCLUSION Upon review and consideration ofall the evidence ofrecord, the Board finds the existence of an injustice warranting the following corrective action. The Board concluded sufficient evidence exists to support a finding that Petitioner's PTSD condition was incurred as a result ofthe two combat-related incidents in Afghanistan where she was nearly shot by snipers. While there was no documentary evidence ofthe actual sniper incidents provided by the Petitioner or in her service record, the Board relied upon the PEB' s medical determination that Petitioner's PTSD was incurred as a direct result ofarmed conflict. The PEB relied upon the medical records of Petitioner's assertions ofthe sniper incidents to support their findings under 26 USC 104(b )(3). This evidence was also determined to be sufficient evidence to support the Board's decision to find Petitioner's disability was incurred as a direct result ofa specific combat-related event under 10 USC 1413a. RECOMMENDATION That Petitioner's naval record be corrected, where appropriate, to show that: a. Petitioner's PTSD and major depressive disorder, V ASRD 9434/9411, was incurred as a direct result ofarmed conflict and is determined to be combat-related under Title 10, United States Code 1413a. CRSC Board will determined the applicable disability percentage and effective date for CRSC based on Petitioner's PEB and Department ofVeterans Affairs records. b. A copy ofthis Report ofProceedings will be filed in Petitioner's naval record. 4. It is certified that quorum was present at the Board's review and deliberations, and that the the above entitled matter. 5. Pursuant to the delegation of authority set out · ofthe revised Procedures of the Board for Correction ofNaval Records (32 Code ofFederal 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 ofreference (a), has been approved by the Board on behalf ofthe Secretary ofthe Navy. Executive Director