Docket No. 6548-18 
Ref: Signature Date 


This is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 1552.  After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 

Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your case on its merits.  A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 January 2019.  The names and votes of the members of the panel will be furnished upon request. 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, relevant portions of your naval record and applicable statutes, regulations and policies.   

A review of your record shows that you entered active duty with the Navy in June 1968 and retired from active duty on 29 September 1990. While on active duty, you served off the coast of onboard USS . Post-retirement, the Department of Veterans Affairs (VA) rated you for diabetes mellitus type II at 10% in 2012 and increased your rating for your diabetes condition to 20% in 2013.  You applied for Combat Related Special Compensation (CRSC) for your diabetes condition but were denied by the CRSC Board on 24 February 2014 and 7 April 2014.  Both times, the CRSC Board denied your claim based on insufficient evidence that you were physically present in the  in 1969.

The Board carefully considered your arguments that you deserve CRSC for your diabetes condition.  You assert that you missed ships movement when USS  left  in April 1969 and travelled to prior to rejoining your ship off the coast of .  Unfortunately, the Board determined it lacked sufficient evidence to grant relief in your case.  In order to qualify for an Agent Orange presumption, a servicemember must show that they were either physically present in  or served in riverine/brown water operations in the rivers or coastal waters off  onboard a military vessel designated by the Department of Veterans Affairs.  In your case, the Board had no military record that could physically place you in or onboard a qualified military vessel.  The Board concluded your assertion regarding your presence in was insufficient to overcome the burden of proof required to grant relief in your case due to the lack of corroboration from military records.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.

It is regretted that the circumstances of your 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 of regularity attaches to all official records.  Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice. 

Sincerely, 

1/15/2019