Search Decisions

Decision Text

NAVY | BCNR | CY2004 | 03418-04
Original file (03418-04.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

JRE
Docket No. 03418-04
18 March 2005







This is in reference to your application for correction of your late husband’s na v al record pursuant to the provisions of title 10 of the United S tates Code, section 1552.

A three-member pa el of the Board for Correction of Naval Records, sitting n executive session, considered your application on 17 March 2005. Your allegations of error and injustice were re v iewed in accordance with administrative regulations and p r ocedures applicable to the proceedings of this Board. Documenta r y material considered by the Board consisted of your applicati o n, together with all material submitted in support thereof, our husband’s 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 e s tablish the existence of probable material error or injustice . In this connection, it concurred with the determination of he Combat Related Special Compensation Branch (CRSCB), Secretary of the Navy Council of Review Boards, that that your husband s heart condition is not combat-related and was not caused by his exposure to Agent Orange. The Board noted that your husband suffered from heart disease prior to the onset of Agent Orange-r e lated diabetes mellitus, and that as such, the heart condition i not considered to be secondary to the diabetes. In view of the fo r egoing, your application has been denied. The names and votes o the members of the panel will be furnished upon request.

It is regretted t at the circumstances of your case are such that favorable ac ion cannot be taken. You are entitled to have the Board reconsi d er its decision upon submission of new and material evidence or other matter not previously considered by the Board. In ths regard, it is important to keep in mind that a presumption of regularity attaches to all official records. Consequently, whe applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of prob a ble material error or injustice.

Sincerely,



W.       DEAN PFEIF FER
Executive Dir e ct or

Similar Decisions

  • AF | BCMR | CY2006 | BC-2005-00321

    Original file (BC-2005-00321.DOC) Auto-classification: Denied

    _________________________________________________________________ APPLICANT CONTENDS THAT: His arteriosclerotic heart disease is a direct result of his diabetes caused by exposure to Agent Orange. His records reveals a medical examination, dated 8 Jul 02, which indicates his heart condition is secondary to his hypertension. His health problems relate directly to his diabetes.

  • NAVY | BCNR | CY2006 | 06628-06

    Original file (06628-06.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. In addition, the Board found that there is no presumptive connection between any of those...

  • AF | BCMR | CY2012 | BC-2012-02608

    Original file (BC-2012-02608.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02608 COUNSEL: NONE HEARING DESIRED: NO __________________________________________________________ APPLICANT REQUESTS THAT: She be able to sign the DD Form 2860, Application For Combat – Related Special Compensation (CRSC), on behalf of her deceased husband. On 27 April 2009, according to information provided by the applicant, the Department of Veterans Affairs (DVA) advised the...

  • AF | BCMR | CY2005 | BC-2003-03249

    Original file (BC-2003-03249.doc) Auto-classification: Denied

    The applicant was diagnosed with adult onset diabetes in 1983 and is receiving Department of Veterans Affairs (DVA) disability compensation for diabetes mellitus based on provisions of Title 38 for presumptive service connection for Agent Orange exposure due to service in Vietnam. In an application dated 23 September 2003, the applicant requested award of the PH. As noted by the AFBCMR Medical Consultant, while the applicant is suffering from a medical condition that is presumed under...

  • AF | BCMR | CY2005 | bc-2003-04145

    Original file (bc-2003-04145.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-04145 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 18 Jun 05 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, hypertension and coronary disease, be assessed as combat-related in order to qualify for compensation under the Combat-Related Special Compensation...

  • AF | BCMR | CY2006 | BC-2005-03250

    Original file (BC-2005-03250.DOC) Auto-classification: Denied

    On 14 Dec 71, the Air Force PEB recommended that the removed from the TDRL and returned to active duty. For this condition to qualify for CRSC, it must be specifically granted by the DVA as presumptive to Agent Orange exposure. We agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.

  • AF | BCMR | CY2004 | BC-1984-04083A

    Original file (BC-1984-04083A.doc) Auto-classification: Denied

    On 13 Oct 83, his commander recommended discharge. A complete copy of the evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant contends, as a diabetic herself, that her husband’s elevated blood sugar episode was not properly followed up by the Air Force. Review of service and DVA medical records through 1992 show no evidence of diabetes, and evaluation by DVA physicians also indicate no...

  • AF | BCMR | CY2004 | BC-1991-02293A

    Original file (BC-1991-02293A.doc) Auto-classification: Denied

    On 13 Oct 83, his commander recommended discharge. A complete copy of the evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant contends, as a diabetic herself, that her husband’s elevated blood sugar episode was not properly followed up by the Air Force. Review of service and DVA medical records through 1992 show no evidence of diabetes, and evaluation by DVA physicians also indicate no...

  • AF | BCMR | CY2013 | BC-2012-01080

    Original file (BC-2012-01080.pdf) Auto-classification: Denied

    Under current CRSC guidelines, the service member is required to meet the following basic eligibility requirements (a) received military retirement pay, (b) have disabilities rated at least 10 percent by DVA, and (c) submit a signed claim for Combat-Related Special Compensation. We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and the recommendation of the Air Force office of primary responsibility and adopt its...

  • AF | BCMR | CY2006 | BC-2005-01268a

    Original file (BC-2005-01268a.DOC) Auto-classification: Denied

    _________________________________________________________________ STATEMENT OF FACTS: Applicant's request for CRSC compensation was considered and denied by the CRSC board on 12 Apr 04. His complete submission, with attachments, is at Exhibit F. _________________________________________________________________ THE BOARD CONCLUDES THAT: After again reviewing this application along with the additional documentation provided we remain unpersuaded that the medical conditions the applicant...