DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 08175-
04
17 October 2005
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 6
October 2005. Your allegations of error and injustice were reviewed
in accordance with adxrtinistrative 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 substantially concurred with the
determination of the Secretary of the Navy Council of Review Boards,
Combat-Related Special Compensation Branch, of 5 September 2004, that
you have not demonstrated that your traumatic arthritis and tinnitus
are combat-related.
Although you were involved in an aircraft mishap in 1952, the
available records do not indicate that you sustained significant
injuries as a result of that mishap, or that the disabilities rated
by the Veterans Administration on 2 June 1976 are related to such
injuries. In addition, the Board noted that you
completed several Standard Forms 93, Report of Medical History, during the
1954-1964 period in which you failed to disclose a history of orthopedic
injuries, and denied a history or current complaint of arthritis, lameness,
painful shoulders, recurrent back pain, and ear, nose or throat trouble.
In view of the foregoing, 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 PFIEFFER
Executive Director
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