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NAVY | BCNR | CY2007 | 00777-07
Original file (00777-07.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD WASH4GTONDC2O37O~:~OO










 JRE
Docket No. 00777-07
29 April 2008
From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj:   
REVIEW OF NAVAL RECORD
Ref:     (a) 10 U.S.C. 1552
End:     (1) DD Form 149
 (2)      CRSC file
(3)      Subject’s naval record
1.       Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed written application, enclosure (1), with this Board requesting, in effect, that the applicable naval record be corrected to show that he is entitled to combat-related special compensation (CRSC) for posttraumatic stress disorder.
2.       Board consisting of Messrs and reviewed Petitioner’s allegation of error and injustice on 24 April 2008, and pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consisted of the enclosures, naval records, and applicable statutes, regulations and policies.

3.       The Board, having reviewed all the facts of record pertaining to Petitioner’s allegations of error and injustice, finds as follows:
a.       Before applying to this Board, Petitioner exhausted all administrative remedies which were available under existing law and regulations within the Department of the Navy.
b.       Petitioner was released from active duty and transferred to the Fleet Reserve on 30 September 1985, upon his completion of 21 years, 4 months and 28 days of service. Among the awards
 shown on his final DD Form 214 are the Armed Forces Expeditionary Medal (AFEM) Vietnam Campaign Medal, Fleet Marine Force Combat Operation Insignia (FMFCOI), and Vietnam Service Medal. He was awarded the AFEM and FMFCOI for service with the 9 th Marine Expeditionary Brigade, in Danang, Vietnam, from 28 April to 16 May 1965, a period during which he was entitled to hostile fire pay. His health record does not indicate that he suffered from posttrauxnatic stress disorder during his active service; however, he completed a Report of Medical History on 7 December 1984, in which he disclosed a history of depression or excessive worry. He completed a Report of Medical History on 15 May 1985 in connection with his pre-retirement physical examination, and reported that he didn’t know if he had a history of depression or excessive worry.
d.       The Department of Veterans Affairs (VA) awarded Petitioner a disability rating of 10% for posttraumatic stress disorder effective 14 September 2001.
e.       On 9 November 2006, the CRSC Branch, Secretary of the Navy Council of Review Boards, denied his request for CRSC for posttraumatic stress disorder because his application package did not establish that specific combat-related events caused him to develop posttraumatic stress disorder.
f.       Petitioner contends that his mental disorder was caused by events he experienced while serving in Vietnam. He submits a VA Progress Note which was prepared by a VA psychologist on 14 September 2001. The note indicates that he was exposed to enemy fire and witnessed many combat casualties in Vietnam; he was aboard an aircraft which took small arms fire; and that he was a courier aboard aircraft carrying aluminum caskets (containing bodies). He also reported that while in Vietnam he spent a lot of time in bunkers because of rocket, mortar and small arms fire, and that several people in his unit were killed.
CONCLUSION:
Upon review and consideration of all the evidence of record, and resolving doubt in Petitioner’s favor, the Board concludes that he suffers from posttraumatic stress disorder which was the direct result of events that occurred during his service in armed conflict, as reflected in paragraph 3e, above. Accordingly, he should be entitled to CRSC for that condition.

RECOMMENDATION:

2






a.       That Petitioner’s naval record be corrected to show that he is entitled to combat-related special compensation for posttraumatjc stress disorder, which has been rated by the Department of Veterans Affairs as 10% disabling under code 9411.
b.       That a copy of this Report of Proceedings be filed at an appropriate location in Petitioner’s naval record.
4. It is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above entitled matter.

ROBERT D. ZSALMAN        JAMES R. EXNI CIOS
 Recorder
5. The foregoing report of the Board is submitted for your review and action.


W. DEAN PFEIFFER
 Executive Director



Reviewed and Approved:


ROBERT T. CA LI
Assistant General Counsel
(Manpower and Reserve Affairs)

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