Search Decisions

Decision Text

NAVY | BCNR | CY2006 | 02264-06
Original file (02264-06.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O~51OO


JRE
Docket No. 02264-06
15 February 2007



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 15 February 2007. 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 substantially concurred with the findings of the Combat Related Special Compensation Branch, Secretary of the Navy Council of Review Boards dated 8 August 2005, that you have not established that your headache and skin conditions are combat-related. The Board did not make a determination concerning your diabetes, as you have not exhausted an available administrative remedy by applying to the CRSC Branch for combat-related special compensation for that condition.

In view of the foregoing, 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,





DEPARTMENT OF THE NAVY
SECRETARY OF THE NAVY COUNCIL OF REVIEW BOARDS
720 Kennon Street SE SUITE 309
Washington Navy Yard DC 20374-5023

IN REPLY REFER TO
1850/1
 CRSC
08 Aug 2005



Subj:    DENIAL OF CRSC IN THE CASE DOCKET NUMBER

Ref:     (a) 10 U.S. Code 1413a
End:     (1) DD Form 149 Application for Correction of Military Record
1.       Your case for Combat-Related Special Compensation (CRSC) is not supported by the relevant documentary information provided.
2.       In light of the reference, and after careful examination of your CRSC application and supporting documentation, the following determinations were made:          Skin condition   7899     0 Not combat-related
a.       Due to lack of supporting documentation, the cause of diagnosis 8199 could not be determined. Request you forward documentary evidence so that we may reconsider your application. The following documents are recommended: VA Rating Decision discussing why the VA granted service-connection and VA Code Sheet. Service Medical Record entries identifying the cause of the diagnosis. DD Form 214 or personnel records confirming service in Vietnam War.
b.       Defmatitis or eczema is normally caused by allergies or reaction to certain allergens or irritants, fabric rubbing or scratching skin surfaces, genetic predisposition, varicose veins. Dermatitis may be classified as contact, neuro, seborrheic, stasis, atopic, or perioral. Your application package does not establish that specific combat-related events caused your diagnosis 7899.
3.       If you believe this decision is incorrect, you may:
a.       Request Reconsideration. To do this, send us a letter with information that you believe will result in a revised CRSC decision. Your request should be based upon information that was not already












Subj:    DENIAL OF CRSC IN THE CASE OF XXXXX DOCKET NIUMBER MC05-01765

contained in your original application package and should include supporting documentation, as appropriate. Reconsideration by the CRSC Branch is appropriate under any of the following circumstances:

 (1)      You believe this decision is incorrect due to an administrative error or incorrect/incomplete information.
(2)      Any non-compensable (0%) disabilities that we have determined to be combat-related deteriorate to the point where they are re-rated at or above 10% by the VA.
(3)      You have been rated by the VA for a previously Undiagnosed disability that you believe to be combat-related.
b.       Appeal to the Board for Correction of Naval Records (BCNR). Under 10 U.S.C. § 1552 the Secretary of the Navy (SECNAV) has designated BCNR to review CRSC decisions. If you wish to appeal your CRSC decision then you must submit a request (petition) to BCNR. The BCNR website, http://www.hq.navy.mil/bcnr/bcnr.htm , offers an overview of the application procedure, an application form (DD Form 149), and assistance in filling out the application. You may use the enclosed DD Form 149 or download a copy from the website and submit it to the following address:
Board for Correction of Naval Records
Department of the Navy
2 Navy Annex
Washington, DC 20370-5100
A copy of the form may also be requested from BCNR at 703-614-1402 between 7:30am and 4:00pm Eastern Time, Monday through Friday.

4. Thank you for your service to our nation.



 A.       S. HOWELL
 By direction

Similar Decisions

  • NAVY | BCNR | CY2007 | 05029-07

    Original file (05029-07.rtf) Auto-classification: Denied

    Your request should be based upon information that was not already contained in your original application package and should includeSubj: DENIAL OF CRSC IN THE CASE DOCKET NUMBER MCO6-02904supporting documentation, as appropriate. Reconsideration by the CRSC Branch is appropriate under any of the following circumstances:(1) You believe this decision is incorrect due to an administrative error or incorrect/incomplete information. to review CRSC decisions.

  • NAVY | BCNR | CY2006 | 10798-06

    Original file (10798-06.rtf) Auto-classification: Denied

    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. The following documents are recommended: Original VA Rating Decision discussing why the VA...

  • NAVY | BCNR | CY2006 | 02756-06

    Original file (02756-06.rtf) Auto-classification: Denied

    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. The Board was not persuaded that your cardiovascular disease was the direct result of a combat...

  • NAVY | BCNR | CY2005 | 02675-05

    Original file (02675-05.doc) Auto-classification: Denied

    Sincerely, Enclosure DEPARTI~NT OF THE NAVY SECRETARY OF THE NAVY COUNCIL OF REVIEW BOARDS COMBAT-RELATED SPECIAL COMPENSATION BRANCH 201 12TH STREET SUITE 703 ARLINGTON, VA 22202-4357 iN REPLY REFER 10 1850/I CRSC 15 Mar 2005 Subj: APPROVAL OF CRSC UPON RECONSIDERATION IN THE CASE OF~E~ qflUIIgIpUUIqqU~MUJP~4~ USN DOCKET NUMBER NCO4—00680 Ref: (a) 10 U.S. Code 1413a End: (1) DD Form 149 Application for Correction of Military Record 1. Your application package does not establish that...

  • ARMY | BCMR | CY2012 | 20120022347

    Original file (20120022347.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The PEB stated that the applicant's PTSD was a result of a mortar attack in Iraq. Qualified military retirees must be an active duty or Reserve retiree with 20 or more years of creditable service or a Title 10 USC Chapter 61 medically retiree, be receiving military retired pay, have a 10 percent or greater VA rating for a combat related injury, and have their military retired pay reduced by receipt...

  • ARMY | BCMR | CY2014 | 20140006656

    Original file (20140006656.txt) Auto-classification: Denied

    The applicant states his request is based on major depressive disorder (not bipolar disorder, which the Army Board for Correction of Military Records (ABCMR) considered and denied in his original application). The Gulf War Illness and the Health of Gulf War Veterans, Findings in Brief, that the applicant provided in his original application was reviewed. The evidence of record shows the applicant requested correction of his records to show his disabilities are combat-related and his...

  • ARMY | BCMR | CY2015 | 20150005833

    Original file (20150005833.txt) Auto-classification: Denied

    Eligible members are those retirees who have 20 years of service for retired pay computation (or 20 years of service creditable for Reserve retirement at age 60) and who have disabilities that are the direct result of armed conflict, especially hazardous military duty, training exercises that simulate war, or caused by an instrumentality of war. Although his records contain several Standard Forms 600 containing references to PTSD, his MEB NARSUM lists a diagnosis of anxiety disorder (not...

  • ARMY | BCMR | CY2011 | 20110023800

    Original file (20110023800.txt) Auto-classification: Denied

    It was noted the applicant had previously requested CRSC for each of these conditions, but no new evidence was provided to show a combat-related event caused any of the conditions. Eligible members are those retirees who have 20 years of service for retired pay computation (or 20 years of service creditable for reserve retirement at age 60) and who have disabilities that are the direct result of armed conflict, specially hazardous military duty, training exercises that simulate war, or...

  • ARMY | BCMR | CY2005 | 20050006358C070206

    Original file (20050006358C070206.doc) Auto-classification: Denied

    The applicant requests that all of his Department of Veterans Affairs (VA) rated disabilities be approved for Combat-Related Special Compensation (CRSC). Thus, one Gulf War veteran presenting with difficult-to-diagnose symptoms could be diagnosed with chronic fatigue syndrome, which cannot be service-connected under this law because it is a diagnosis. While the applicant has five disabilities which have been classified as Gulf War incurred, there is no evidence or indication that those...

  • CG | BCMR | Discharge and Reenlistment Codes | 2005-089

    Original file (2005-089.pdf) Auto-classification: Denied

    He asked the CRSC panel to consider granting him a disability rating for the scarring on his face and for skin cancers that the applicant claimed were related to the buoy explosion. In this section, the term 'combat-related disability' means a disability that is compensable under the laws administered by the Secretary of Veterans Affairs and that -- (1) is attributable to an injury for which the member was awarded the Purple Heart; or (2) was incurred (as determined under the...