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NAVY | BCNR | CY2006 | 02756-06
Original file (02756-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 02756-06
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 6 March 2006. The Board was not persuaded that your cardiovascular disease was the direct result of a combat related occurrence. 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,



 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
          06 Mar 2006








Subj:    DENIAIJ OF CRSC IN THE CASE OF USN, DOCKET NUMBER
Ref:     (a) 10 U.S. Code 1413a
End:     c~(1) DTY}’orm 149 Application fdr 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: Heart disease is a disease that normally results from risk factors that may include heredity, diet, excess weight, high cholesterol, smoking or any combination of the above. It does not result from specific external events. Your application package, does not establish that specific combat-related events caused your diagnosis 7005.
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 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.


Subj:    DENIAL OF CRSC IN THE CASE OF XXXX U SN, DOCKET NUMBER NCO6-00551

         (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, ~ 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
Washin9ton, 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

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