Dear This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552. After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (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 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. In addition, the Board considered the advisory opinions contained in Senior Medical Advisor CORB letter 1910 CORB: 002 of 14 January 2019, Director CORB letter 1910 CORB: 001 of 13 February 2019, and Office of the Assistant Secretary of Defense, Director of Military Compensation (Military Personnel Policy) memorandum of 8 August 2019; copies of which were previously provided to you for comment. A review of your record shows that you enlisted in the Navy Reserve in September 2006 after service in the Marine Corps. During your Navy career, you were mobilized to in 2008-2008 and to 2013. A medical board referred you to the Physical Evaluation Board (PEB) on 12 February 2015 for displacement of cervical intervertebral disc, displacement of lumbar intervertebral disc, brachial neuritis or radiculitis, thoracic or lumbosacral neuritis or radiculitis, and chronic pain syndrome. On 12 August 2015, the PEB found you unfit for continued naval service due to neck and low back pain and assigned you a combined 40% rating consistent with the proposed Department of Veterans Affairs (VA) ratings. You were transferred to the Permanent Disability Retirement List (PDRL) after accepting the findings of the PEB. Post-discharge, the VA rated you for right knee osteoarthritis, bilateral lower extremity radiculopathy, bilateral upper extremity carpal tunnel syndrome, and left shoulder osteoarthritis. The Board carefully considered your arguments that you were unfit for continued naval service due to bilateral upper and lower extremity radiculopathy and Post-Traumatic Stress Disorder. You also argue that your PTSD and orthopedic conditions should qualify for Combat Related Special Compensation (CRSC). Unfortunately, the Board disagreed with your rationale for relief. In making their findings, the Board substantially concurred with the advisory opinions contained in Senior Medical Advisor CORB letter 1910 CORB: 002 of 14 January 2019, Director CORB letter 1910 CORB: 001 of 13 February 2019, and Office of the Assistant Secretary of Defense, Director of Military Compensation (Military Personnel Policy) memorandum of 8 August 2019. First, the Board determined that you do not qualify for CRSC under existing OSD guidance. The Board concluded that security barriers do not meet the instrumentality of war definition since it is not designed “primarily for military service and intended for use in such service.” The Board found that security barriers are used in many non-military settings and were not specifically designed for military use. Additionally, the Board determined that your military duties as a Master of Arms in the Navy, even performing dangerous sentry duties, did not meet the definition of “engaged in hazardous service.” In the Board’s opinion, your duties were no more dangerous than other military duties performed in a combat zone. CRSC for hazardous duties was meant to cover injuries incurred in extreme hazardous service, such as demolition duty, parachuting, and diving, where injuries are frequent and common. To grant you CRSC for your military service would allow for almost all combat veterans to qualify for CRSC under the hazardous service category. In the Board’s opinion, this was not the intent of Congress since they identified specific and limited categories of service members who should qualify for CRSC. Second, the Board also determined the medical evidence does not support a change to your PEB record. The Board agreed with the advisory opinions from CORB that state the preponderance of the evidence does not support a finding that your additional claimed conditions of bilateral radiculopathy of your upper and lower extremities and PTSD were unfitting at the time of your placement on the PDRL. As pointed out in the opinions, your pre-discharge VA examination did not identify lower extremity radiculopathy symptoms and you were not issued an associated rating in 2015. Further, the Board found the ratings issued by the VA insufficient to support a finding of unfitness since eligibility for compensation and pension disability ratings by the VA is tied to the establishment of service connection and is manifestation-based without a requirement that unfitness for military duty be demonstrated. In order to find a particular disability condition unfitting, there must be evidence that it prevents the member from performing the duties of their office, grade, rank or rating. Regarding your bilateral upper extremity radiculopathy and PTSD, the Board did not find evidence to support such a finding. Regarding your bilateral upper extremity radiculopathy claim, you received a 10% rating for bilateral carpal tunnel syndrome which is not considered radiculopathy. Additionally, the 10% rating assigned indicates your symptoms and impairment were mild. Similarly, your 16 April 2015 VA examination noted that your PTSD created only “mild and transient symptoms.” These factors led the Board to conclude the preponderance of the evidence does not show you suffered from a sufficient occupational impairment due to radiculopathy, carpal tunnel, or PTSD to merit a finding of unfitness for continued naval service. 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. You are entitled to have the Board reconsider its decision upon submission of new matters, which will require you to complete and submit a new DD Form 149. New matters are those not previously presented to or 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.