DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 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. 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, sitting in executive session, considered your application on 29 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 5 September 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 Navy in January 1989 and served as a Boatswain Mate with Special Warfare. During your service with Special Warfare units, you deployed multiple times and served as an Assault Boat Coxswain and Special Warfare Crewman. You provided a medical statement from the Naval Special Warfare Group 4 (NSWG 4) surgeon that documents you were regularly involved in demanding physical activities that included micro concussive events. After your retirement from the Navy in 2005, you filed for Combat Related Special Compensation (CRSC) in 2012 for a right shoulder condition, scalp laceration, tinnitus, and healed right distal fibula fracture due to hazardous service. Your request was denied by the CRSC Board on 11 June 2012 based on lack of evidence that your conditions were combat related. The Board carefully considered your arguments that you deserve CRSC based on your disability conditions that are related to your Special Warfare operations and training. Specifically, you mentions effects from high-speed warfare craft, wearing of combat gear, and loud noises caused by weapons and engine noise. 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) 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 determined the preponderance of the evidence does not support a finding that you met any of the criteria for payment of CRSC. As pointed out in the advisory opinion, there is insufficient evidence that any of your claimed conditions resulted from armed conflict, hazardous duty, performance of duty under conditions simulating ware, or through an instrumentality of war. The fact these conditions are deemed service connected by the Department of Veterans Affairs did not persuade the Board that they qualified for CRSC since there must be some documentary evidence that supports a finding that they were incurred under at least one of the criteria required for payment of CRSC. While the NSWG4 surgeon’s letter documents that you were subject to training and combat operation conditions that may have caused your claimed disability conditions, they Board found no medical evidence that states they were caused by a specific incidents you describe in your application. 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, 7/30/2021 Deputy Director