DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 09971-07
19 August 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 14 August 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
ansufficient to establish the existence of probable material
error or injustice. In the regard, the Board found that on 11
November 1989, you sustained multiple minor lacerations, as well
as irritation to your eyes, in a collision at sea. There is no
indication in the available records that you sustained a
Significant back injury at that time, or that your current back
condition was incurred on 11 November 1989. The Board
substantially concurred with the findings made in your case by
the Department of Veterans Affairs in its rating decision dated
6 December 2005, which denied your request for service
connection for a lumbar spine condition. 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,
Lo Deaty
W. DEAN PFEIL
Executive Dinett
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