DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 3397-21 Dear , This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code. After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. A three-member panel of the Board, sitting in executive session, considered your application on 22 July 2021. 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 opinion contained in Director CORB letter 5220 CORB: 20 of 10 July 2019; a copy of which was previously provided to you for comment. A review of your record shows that you entered active duty with the Marine Corps in August 1959 and served as an Airborne Radar Intercept Officer for the F-4B aircraft. You served two tours in Vietnam, including hundreds of aerial combat missions, before eventually retiring in 1980. The Department of Veterans Affairs granted you a service connection for Obstructive Sleep Apnea, Post-Traumatic Stress Disorder, Bilateral Tinnitus, and hearing loss in 2018. After applying for Combat Related Special Compensation (CRSC) in March 2018 for your sleep apnea, bilateral hearing loss, and tinnitus, the CRSC Board approved your request for your hearing loss and tinnitus but denied your claims with regards to your sleep apnea condition. The Board carefully considered your arguments that you deserve CRSC for sleep apnea based on the positive association between your diagnosed Post-Traumatic Stress Disorder and your sleep apnea condition. Unfortunately, the Board disagreed with your rationale for relief. In making their findings, the Board substantially concurred with the advisory opinion in your case. Section 1413a of Title 10, United States Code, provides the statutory authority for payment of CRSC. Based on procedures and criteria prescribed by the Secretary of Defense, it allows for payment of CRSC for combat-related disabilities incurred as a direct result of armed conflict, while engaged in hazardous service, in the performance of duty under conditions simulating war, or through an instrumentality of war. In addition, CRSC may be awarded if a disability is attributable to an injury for which a Purple Heat was awarded. The Office of the Under Secretary of Defense issued a Directive Type Memorandum on 27 April 2004 that provided guidance on CRSC. Additionally, Department of Defense Regulation 7000.14-R (Financial Management Regulation) was issued that also addressed CRSC. In your case, the Board was unable to find evidence that your sleep apnea condition was incurred as a result of armed conflict, hazardous service, instrumentality of war, or performance of duties under conditions simulating war. Regardless of your possible development of your sleep apnea condition during your second tour in Vietnam, as pointed out in the advisory opinion, there is no medical evidence that sleep apnea is caused by flying in aircraft. In fact, the Board found no evidence your sleep apnea was incurred as the result of your military duties. Therefore, absent medical evidence that establishes a nexus between the sleep apnea condition and your performance of duties under conditions that qualify for CRSC, the Board determined the preponderance of the evidence does not support payment of CRSC for your obstructive sleep apnea condition. Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record. 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. Sincerely, 7/23/2021 Deputy Director