DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 3411-21 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 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 5819 CORB: 001 of 27 March 2020; 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 July 2002. While serving onboard in 2005, you allegedly witnessed an aircraft mishap during which a broken arresting wire caused death and injuries to multiple Sailors. In 2016, you were found unfit for continued naval service by the Physical Evaluation Board for a back condition and transferred to the Permanent Disability Retirement List. After your retirement, you filed for Combat Related Special Compensation (CRSC) based on your back condition. On 12 October 2016, the CRSC Board granted your request for CRSC. In July 2018, the Department of Veterans Affairs rated you for Post-Traumatic Stress Disorder (PTSD). Subsequently, you filed for CRSC based on your PTSD condition. On 10 October 2019, the CRSC Board denied your request based on lack of evidence your condition was incurred as a result of a specific combat-related event. The Board carefully considered your arguments that you deserve payment of CRSC as a result of your PTSD. You assert that your condition developed after the traumatic incident involving the arresting wire failure onboard . 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 that your PTSD condition was not incurred under circumstances that qualify for payment of CRSC. Specifically, the Board concluded that your PTSD was not incurred by an instrumentality of war or conditions simulating combat. Departmental guidance for payment of CRSC states that a service member may qualify for CRSC under performance of duty under conditions simulating war if their disability results from military training. Based on your description of events that led to your PTSD, you were not involved in training when the aircraft mishap occurred. You described an aircraft mishap that occurred during normal combat operations. The aforementioned guidance specifically states that incurring a disability condition while participating in combat operations is not sufficient to support a combat-related determination. Based on their finding that you incurred PTSD during combat operations, the Board found that your PTSD does not qualify under conditions simulating combat. Further, the Board determined your PTSD does not qualify under instrumentality of war since your PTSD was incurred as a result of you witnessing death and injury of other Sailors and not by a “vehicle, vessel, or device designed primarily for Military Service.” Finally, the Board agreed with the advisory opinion that your application lacks corroborating evidence to support your assertions regarding the origins of your PTSD. Based on all of these factors, the Board determined the preponderance of the evidence does not support payment of CRSC for your PTSD. 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