DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 DocketNo. 7774-17 APR O2 2018 Dear , This is in reference to your application for correction ofyour naval record pursuant to the provisions of 10 USC 1552. A three-member panel ofthe Board for Correction ofNaval Records, sitting in executive session, considered your application on 15 March 2018. The names and votes ofthe members ofthe panel will be furnished upon request. Your allegations oferror and injustice were reviewed in accordance with administrative regulatiOns and procedures applicable to the proceedings ofthis 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. A review ofyour record.shows you entered active duty with the Navy in February 1994 and retired on 28 February 2010. On 1March2010, you were rated by the Department of Veterans Affairs (VA) for right shoulder degeneration, right knee bursitis, left ankle degenerative joint disease, and lumbosacral strain. As a result, you filed for Combat Related Special Compensation (CRSC) based on your VA ratings asserting that they resulted from injuries sustained onboard in 2002 while conducting flight operations. On 23 August 2016, the CRSC Board denied your request for CRSC based on lack ofevidence your disability conditions were the result of a specific combat-related event. The Board carefully considered your arguments that you deserve CRSC based on disabilities incurred as a result ofyour injuries onboard . Unfortunately, the Board disagreed with your rationale for relief. The Department ofDefense (DOD) guidelines allows for a determination ofa combat-related disability, for CRSC purposes, ifthey are incurred as a direct result ofarmed conflict, while engaged in hazardous service, in the performance of duty under conditions simulating war, orthrough an instrumentality ofwar. In your case, you are alleging your disabilities were incurred as a direct result of armed conflict based on your assertion that you were injured during night-time flight operations onboard Based on your description ofthe circumstances of your injuries, the Board determined you do not meet the criteria for CRSC. Specifically, the Board found that the injuries tha:f led to your disabilities were incurred while participating in combat operations in which you were not engaged with a "hostile or belligerent nation, faction, force, or terrorists." The Board DOD CRSC guidelines. inthewhich, by itself, does not qualify for CRSC as stated concluded that you were injured while supporting combat operations onboatd Accordingly, the Board was unable to find an error or injustice warranting a correction to your record and denied your application. It is regretted that the circumstances ofyour case are such that favorable action cannot be taken at this time. You are entitled to have the Board reconsider its decision upon the submission of new and material evidence. New evidence is evidence not previously considered by the Board. In this regard, it is important to keep in mind that a presumption ofregularity attaches to all official records. Consequently, when applying for a correction ofan official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice. Sincerely, Executive Director