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NAVY | BCNR | CY2005 | 02432-05
Original file (02432-05.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
         -        BO ARD FOR CORRECTION OF NAVAL RECORDS
                   2 NAVY ANNEX
         WASHINGTON DC 20370-5100
         



         JRE
 Docket No. 02432-05
          3 March 2006






This is in reference to your request for further consideration of your application for correction of your naval record pursuant to the provisions of title 10 of the United States Code, section
 1552.
A three—me mb er panel of the Board for Correction of Naval Records, sitting in executive session, reconsidered your application on 24 February 2006. 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, the Board considered the advisory opinion furnished by Secretary of the Navy Council of Review Boards dated 8 August 2005, a copy of which is attached.
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 comments contained in the advisory opinion. The Board was not persuaded that your condition met the criteria for the award of a 30% rating under Department of Veterans Affairs code 5201, or that you condition should have been rated at 30% because of the pain and functional limitations associated with the condition. The Board did not accept your contention that you had “chronic pain” with the abduction of your right arm beyond 45 degrees when a Navy physician “forcibly” manipulated
 the arm. In this regard, the Board found that although the 21 July 2000 medical board reported that pain occurred with cross body adduction of your right arm, it did not report pain with forward flexion, abduction, external rotation, or internal rotation of the arm.


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 PFEIFFER
                                                               Executive Director

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