Search Decisions

Decision Text

NAVY | BCNR | CY2006 | 10798-06
Original file (10798-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON 0020370-5100



 JRE
 Docket No. 10798-06
 26 October 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 25 October 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 concurred with the finding made in your case on 17 October 2006 by the Combat Related Special Compensation Branch, Secretary of the Navy Council of Review Boards, that you have not demonstrated that a specific combat-related event caused your disabilities. 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,

W. DEAN PFEIFFER
Executive Director


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

 IN REPLY REFER TO

1850
 CRSC
 17 Oct 2006

En cl :    (CD Form. 149 App1i~aticn for Correction of Mi1ita r y Record
         Ref: (a) 10 U.S. Code 1413a

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 ~ your CRSC application and supporting documentation, t he following determinations were made:
         DIAGNOSiS
Tinnitus DETERMINATION  
10       Not Combat-related; unable to confirm cause of
          diagnosis
          Hearing loss     6100     0 Not combat-related; unable
 to confirm cause of
          diagnosis

Due to lack of supporting documentation , the cause of diagnosis 6260 and 6100 could not be determined. Request you forward documentary evidence to us so that we may reconsider your application. The following documents are recommended: Original VA Rating Decision discussing why the VA granted service-connection and VA Code Sheet; Service Medical Record from 1963 entries identifying the cause of the diagnosis and substantiating the aircraft mishap mentioned in your application; Copies of safety mishap reports or line of duty investigations citing cause of injury.
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.
(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 Na~ (SECNAV) has designated BCNR to review CRSC decisions. If you wish to appeal your CRSC decision then you roust submit a request (petition) to BCNR. The PCNR website, ofters 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 or your service to our

Similar Decisions

  • 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...

  • NAVY | BCNR | CY2006 | 02264-06

    Original file (02264-06.rtf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 February 2007. Your case for Combat-Related Special Compensation (CRSC) is not supported by the relevant documentary information provided.2. 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.

  • 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 | 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 | CY2007 | 10316-07

    Original file (10316-07.pdf) Auto-classification: Approved

    4 1 DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 JRE Docket No. 10316-07 18 April 2008 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy FPeORRECTION OF. NAVAL RECORD Ref: (a) 10 U.S.C.

  • ARMY | BCMR | CY2014 | 20140017427

    Original file (20140017427.txt) Auto-classification: Denied

    The applicant requested the ABCMR reconsider his previous request and provided a document entitled Combat Action Badge Information. When a Solder has been awarded a Combat Action Badge, it may help make a determination for CRSC but only if that person is later diagnosed with PTSD as a direct result of the incident for which the award was given. Second, other veterans, those who were awarded CRSC, first had conditions that were rated by VA with a 10% or greater disability rating, and then...

  • 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 | CY2015 | 20150002524

    Original file (20150002524.txt) Auto-classification: Denied

    The applicant provides: * Congressional correspondence * Medical Evaluation Board (MEB) Proceedings * Character reference letter * Physical Evaluation Board (PEB) Proceedings * Retirement orders * CRSC applications * Denial letters from HRC COUNSEL'S REQUEST, STATEMENT AND EVIDENCE: 1. On 26 March 2014, he again applied for reconsideration providing additional documentation from his service medical records and the relevant VA disability rating decisions showing the deviated septum condition...

  • 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...