DEPARTMENT OF THE NAVY
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BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 10044-04
7 October 2005
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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 15
September 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.
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, it concurred with the determination of the Combat-
related Special Compensation Branch, Naval Council of Personnel
Boards, since re-designated as the Secretary of the Navy Council of
Review Boards, that you have not demonstrated that your disabilities
are combat-related. The Board noted that there must be a causal
relationship between a combat-related activity, such a hazardous
service or service in armed conflict, and the disability in question.
Although your hands and other parts of your body may have become
painful while you were serving in Vietnam as a small arms repairer,
the pain is not causally related to your service in armed conflict or
performance of hazardous duties. In addition, the Board noted that your VA
rating for arthritis was limited to your hands, and that ratings for
osteoarthritis and/or degenerative joint disease in other areas of your
body were not added until 1995.
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,
N
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