DEPARTMENT OF THE
NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 01849-05
17 October 2005
‘-lull’.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 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. The
Board was not persuaded that your hearing loss, which was initially
rated by the Veterans Administration (VA) on 7 February 1962, was
caused by armed conflict, and instrumentality of war, or your
performance of duties under conditions simulating war. It noted that
the VA resolved doubt in your favor and granted you service
connection for defective hearing based on your history of ear
infections in 1952 and 1955.
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,
L
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