DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 07067-07
1 July 2008
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 19 June 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.
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 found that you enlisted in the Navy on 26 December
1967. You underwent a pre-separation physical examination on 21
November 1973 and were found qualified for duty and release from
active duty. The only significant defect noted by the physician
who conducted the examination was pes cavus, i.e., high arched
feet. The physician did not record a back injury or shrapnel
wounds. You were released from active duty and discharged on 10
December 1973, when you were honorably discharged and assigned a
reenlistment code of RE-R1, which indicates that you were
qualified and recommended for further service. Your DD Form 214
indicates that you were entitled to the National Defense Service
Medal, Vietnam Service Medal and Vietnam Campaign Medal with an
unspecified device. On 16 August 2004, you were issued a DD
Form 215, which amended the DD Form 214 by adding the Good
Conduct Medal, Presidential Unit Citation, Navy Unit
Commendation, Combat Action Ribbon, Republic of Vietnam Campaign
Medal with 1960 device, and Republic of Vietnam Meritorious Unit
Citation. The Purple Heart was not added because there was no
evidence that you were wounded under circumstances that would
have authorized the award of the Purple Heart. On 14 May 2007,
for reasons which are not clear to the Board, the Department of
Veterans Affairs (VA) accepted your contention that you had
sustained shrapnel wounds in combat, but denied your request for
service connection for the wounds because there was no evidence
of permanent residuals or chronic disability associated with the
wounds. The VA also denied your request for service connection
for eleven other conditions.
The Board was unable to accept your uncorroborated contentions
to the effect that you were wounded on 26 September 1969 and
that you sustained a back injury on 10 June 1970. 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 PF
Executive Di
.
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