DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2NAVYANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 09874-04
11 March 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 10 March
2005. 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. In addition, it considered the
contentions of your counsel.
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 unable to determine the cause of the degenerative spinal
condition for which you are receiving disability compensation from
the Department of Veterans Affairs, or to conclude that the condition
should be classified as combatrelated for the purpose of establishing
your entitlement to combat related special compensation. It noted
that there are no contemporaneous records of your being injured as a
result of a
bomb blast that occurred while you were serving on a Navy warship in
1952 or 1953.
As you have not demonstrated that your spinal disability was incurred
in armed conflict or while you were performing hazardous service or duty
under conditions simulating war, that it was caused by an instrumentality,
or the result of a Purple Heart injury, the Board was unable to recommend
any corrective action in your case. Accordingly, your application has been
denied. The names and votes of the members of the panel will be furnished
upon request.
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,
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