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NAVY | BCNR | CY2007 | 00314-07
Original file (00314-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100




 JRE
 Docket No. 00314-07
12 February 2008

Dear
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 7 February 2008. 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 determination of the Combat Related Special Compensation (CRSC) Branch, Navy Council of Personnel Boards (NCPB) dated 26 July 2004.
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 decision made in your case by the CRSC Branch, NCPB. The Board concluded that the entry in your evaluation report for the 17 January-5 November 1968 period concerning “trouble” with your back” refers to recurrent infections of a pilonidal cyst which required extensive treatment, rather than to a traumatic back injury. In addition, it noted that you did not report a history of a back injury in the undated Report of Medical History you completed prior to your final reenlistment, or in those you completed on 16 May 1978 and 17 October 1980. The Board concluded further that even if it were to accept your contention that you sustained a significant combat-related back injury in 1968, the available evidence is insufficient to demonstrate that such an injury was the cause of your disability. 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,



                                             W. DEAN PFEIFFER
                                            Executive Director

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