DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 01928-
05
05 October 2005
This is in reference to your application for correction of your naval
record pursuant to the provisions of title 10 of the United States
Code, section 1552.
A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on 29
September 2005. 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, your naval record and
applicable statutes, regulations and policies.
After careful and conscientious consideration of the entire record,
the Board found that the evidence submitted was insufficient to
establish the existence of probable material error or injustice. In
this connection, the Board concurred with the determination of the
Combat-Related Special Compensation (CRSC) Branch, Naval Council of
Personnel Board, since re-designated as the Secretary of the Navy
Council of Review Boards, that you are not entitled to CRSC for the
special monthly compensation (SMC) you receive from the Department of
Veterans Affairs (VA).
The Board noted that SMC is considered combat-related only in those
cases where all of the conditions upon which the award of SMC is
based are also combat-related. Although your prostate
cancer is combat-related, your spinal disorder is not, and as you receive
SMC based on those two disorders, the SMC is not combat-related.
Accordingly, your application has been denied. The names and votes of the
members of the panel will be furnished upon request.
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 and material evidence or other matter not
previously 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,
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