Search Decisions

Decision Text

NAVY | BCNR | CY2007 | 05029-07
Original file (05029-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                             2 NAVYANNEX
WASHINGTON DC 20370-5100




 JRE
 Docket No. 05029-07
4 September 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 30 August 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 findings made in your case by the Combat Related Special Compensation Branch, Secretary of the Navy Council of Review Boards onl7 November 2006, that your ulcer disease is not combatrelated. 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
 CRSC
 17 Nov 2006



Subj:    DENIAL OF CRSC IN THE CASE OF
         
Ref:     (a) 10 U.S. Code l413a
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:
         DIAGNOSIS        VASRD1 VA% DETERMINATION -
P/o stomach injury 7308 20 Not combat-related

a.       Peptic, duodenal, or esophageal ulcers result from a complex interplay of acid and chronic inflammation induced by H pylon infection. Ulcers may be aggravated by smoking, alcohol, use of pain relievers or nervous tension. Your application package does not establish that specific combat-related events caused your diagnosis 7308
b.       The fact that a member incurred the disability during a period of war (or simulated war) or in an area of armed (or simulated) conflict, or while participating in combat (or simulated combat) operations is not sufficient to support a combat-related determination. There must be a definite causal relationship between the armed (or simulated) conflict and the resulting disability. Your application package does not establish that specific combat-related events caused your diagnosis.
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




Subj:    DENIAL OF CRSC IN THE CASE DOCKET NUMBER MCO6-02904

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 (ECNR) Under 10 U.S.C. § 1552 the Secretary of the Navy (SECNAV) has designated BCNP. 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 , of fers 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.






L.       R. LARSEN
 By direction

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 | 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...

  • ARMY | BCMR | CY2006 | 20060004167C070205

    Original file (20060004167C070205.doc) Auto-classification: Denied

    The applicant requests in three applications that: a. his DA Form 8-275-2, Clinical Record Cover Sheet, dated 1 December 1966, be corrected to add that his ulcer hemorrhaged while performing combat related Special Forces training: b. all of his Department of Veterans Affairs (VA) rated disabilities be approved for Combat-Related Special Compensation (CRSC); and c. his DA Form 481-1, Clinical Record Cover Sheet, dated 24 September 1954, be amended to show that his duodenum ulcer was...

  • ARMY | BCMR | CY2014 | 20140013801

    Original file (20140013801.txt) Auto-classification: Denied

    The applicant requests, in effect, correction of his military records to show his post-traumatic stress disorder (PTSD) and a peptic ulcer were service-connected or combat-related for award of Combat-Related Special Compensation (CRSC). He is requesting that the Boards review all of the evidence and grant his claim for PTSD and his ulcer condition under CRSC for hazardous service and/or simulating war. The PEB was approved on 18 December 1984. d. A DA Form 3713 (Data for Retired Pay),...

  • ARMY | BCMR | CY2006 | 20060014360

    Original file (20060014360.TXT) Auto-classification: Denied

    The applicant requests, in effect, that all of his Department of Veterans Affairs (VA) rated disabilities be approved for Combat-Related Special Compensation (CRSC). Combat-Related Special Compensation (CRSC), as established by Section 1413a, Title 10, United States Code, as amended, provides for the payment of the amount of money a military retiree would receive from the VA for combat related disabilities if it wasn’t for the statutory prohibition for a military retiree to receive a VA...

  • ARMY | BCMR | CY2013 | 20130002195

    Original file (20130002195.txt) Auto-classification: Denied

    He never requested reconsideration of the CRSC Board's decision concerning migraine headaches. The HRC CRSC Branch also states: * after reviewing all documentation in support of his claim, the CRSC Branch is unable to overturn the previous adjudications * the documentation submitted still shows no new evidence to link his requested conditions to a combat-related event * this disapproval is considered final * he may appeal to this Board 6. He provides a letter to the HRC CRSC Branch, dated...

  • 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 | CY2005 | 20050002586C070206

    Original file (20050002586C070206.doc) Auto-classification: Denied

    Michael J. Flynn | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. While on a live night fire of a self propelled howitzer system, two 98 pound projectiles were knocked over and landed on his right foot and toes. Due to cost constraints, while all military retirees will eventually receive concurrent receipt of VA disability compensation, only those military retirees who have disabilities incurred in combat, or in conditions...