DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 3399-21 Ref: Signature Date 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 21 August 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 September 2008. You deployed to Iraq in April 2007 and earned two Air Medals and a Combat Aircrew designation during your tour. You were found unfit by the Physical Evaluation Board for orthopedic conditions and transferred to the Permanent Disability Retirement List in May 2015. Upon your retirement, you applied for Combat Related Special Compensation (CRSC) based on your Post-Traumatic Stress Disorder (PTSD) rating issued by the Department of Veterans Affairs. However, your application was denied by the CRSC Board on 16 June 2016 based on lack of evidence. Your reconsideration requests for payment of CRSC based on PTSD was again denied by the CRSC Board on 15 March 2018 and 1 June 2018 due to lack of evidence. The Board carefully considered your arguments that you deserve CRSC based on your diagnosis and deployment to Iraq during which you earned two Air Medals and Combat Aircrew status. You also point out that you earned flight pay due to the hazardous nature of your duties. 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 7000.14­R (Financial Management Regulation) also addresses CRSC by stating “Determinations of whether a disability is combat-related for CRSC will be based on the preponderance of available documentary information where quality of information is more important than quantity. All relevant documentary information is to be weighed in relation to known facts and circumstances, and determinations will be made on the basis of credible, objective documentary information in the records as distinguished from personal opinion, speculation, or conjecture.” In your case, the Board concluded the preponderance of the evidence did not support a finding that your PTSD met the criteria for payment of CRSC. Specifically, the Board found insufficient evidence that your condition was incurred as a result of armed conflict or hazardous service. Departmental guidance requires service members to be “engaged with a hostile or belligerent nation, faction, force, or terrorists” in order to qualify for CRSC as a direct result of armed conflict. The guidance states that it is insufficient for the disability condition to be incurred in a combat area while conducting combat operations. Based on your statement that you did not actually see any combat, the Board determined you did not meet the evidentiary standard for payment of CRSC under armed conflict. Regarding your statement that your flight duty was hazardous, the Board agreed under certain circumstances injuries incurred while conducting flight operations could qualify for payment of CRSC. However, the facts of your case do not support a finding that your PTSD developed as a result of an incident related to your flight duties or an aircraft mishap. As a result, the Board determined the preponderance of the evidence does not support a finding that you qualify for payment of CRSC as a result of hazardous service. Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record. The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of 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