DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 ORE
Docket No. 06536-07
27 October 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD or®
Ref; (a) 10 U.S.C. 1552
Encl: (1) DD 149
(2) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, an
enlisted member of the Marine Corps, applied to this Board
requesting that his naval record be corrected to show that he is
entitled to combat-related special compensation (CRSC) for
diabetes mellitus, posttraumatic stress disorder, bursitis of
the right shoulder, and a condition of his lumbar spine.
2. The Board, consisting of Ms. igs? and Messrs. @jP and
Re, ~eviewed Petitioner's allegations of error and injustice
on 23 October 2008 and, pursuant to its regulations, determined
that the partial 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 available under existing law and
regulations within the Department of the Navy.
b. On 20 January 2006, Petitioner was advised by the
Director, Secretary of the Navy Council of Review Boards, that
his request for CRSC for the conditions listed in paragraph 1
above had been denied because the cause of those diagnoses could
not be determined. He was instructed to submit additional
information, and advised of his right to apply to the Board for
Correction of Naval Records.
c. The staff of the Board obtained records from the
Department of Veterans Affairs (VA) which indicate that his
condition of diabetes mellitus was rated by the VA on a
presumptive basis because of his service in Vietnam and exposure
to Agent Orange. The available VA records do not show the cause
of his other conditions.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that as the VA granted Petitioner service
connection for diabetes mellitus based on his presumed exposure
to Agent Orange during his two tours of duty in Vietnam, that
condition meets the criteria for the award of CRSC. As he has
not demonstrated that the other conditions rated by the VA are
combat-related, there is no basis for granting his request for
CRSC for any of those conditions.
In view of the foregoing, the Board finds the existence of an
injustice warranting the following corrective action.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that
he is entitled to combat-related special compensation for
diabetes mellitus.
b. That so much of Petitioner’s request for correction of his
record as exceeds the foregoing be denied.
ec. That a copy of this Report of Proceedings be filed 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. EXNICIOS
Recorder ‘Acting Recorder
5. Pursuant to the delegation of authority set out in Section 5e
of the Procedures of the Board for Correction of Naval Records
(32 Code of Federal Regulations, Section 723.), and having
ensured compliance with its provisions, it is hereby announced
that the foregoing corrective action, taken under the provisions
of reference (a), has been approved by the Board on behalf of
the Secretary of the Navy.
W. DEAN DF
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