Search Decisions

Decision Text

NAVY | BCNR | CY2007 | 10106-07
Original file (10106-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5300



 JRE
 Docket No. 10106-07
2 June 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 22 May 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. In this connection, the Board concurred with the findings made in your case on 13 June 2007 by the Combat Related Special Compensation Branch, Secretary of the Navy Council.
The medical records you submitted, which show that you complained of an acute hearing loss and tinnitus in late 1975, do not establish a direct causal connection between a combat related event and the onset of those conditions. Even if it were
 to be assumed for the sake of argument that the acute hearing loss and tinnitus you reported in 1975 were combat-related, you have not established that the disabilities rated by the VA after you retired were incurred in 1975. As you know, you served in the Air Force for almost ten years before you enlisted in the Navy on 2 January 1975. It is likely that you incurred a hearing loss and tinnitus from unknown causes during your Air Force service, as a Standard Form (SF) 88, Report of Medical History, dated 21 October 1974, shows a significant high frequency hearing loss. Paradoxically, an SF 88 dated 13 May 1975 shows normal hearing; a high frequency hearing loss was recorded in an SF 88 dated 17 November 1976; and your hearing was again recorded as normal in an SF 88 dated 8 December 1979.


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

Similar Decisions

  • AF | PDBR | CY2009 | PD2009-00688

    Original file (PD2009-00688.docx) Auto-classification: Denied

    Although had hearing loss stabilized, repeated exposure to noisy military environments was believed to further aggravate his condition and he therefore underwent a Medical Evaluation Board (MEB). Sensorineural Hearing Loss. I have reviewed the subject case pursuant to reference (a) and, for the reasons set forth in reference (b), approve the recommendation of the Physical Disability Board of Review XXX’s records not be corrected to reflect a change in either his characterization of...

  • ARMY | BCMR | CY2015 | 20150002524

    Original file (20150002524.txt) Auto-classification: Denied

    The applicant provides: * Congressional correspondence * Medical Evaluation Board (MEB) Proceedings * Character reference letter * Physical Evaluation Board (PEB) Proceedings * Retirement orders * CRSC applications * Denial letters from HRC COUNSEL'S REQUEST, STATEMENT AND EVIDENCE: 1. On 26 March 2014, he again applied for reconsideration providing additional documentation from his service medical records and the relevant VA disability rating decisions showing the deviated septum condition...

  • ARMY | BCMR | CY2007 | 20070008472

    Original file (20070008472.TXT) Auto-classification: Denied

    Department of Veterans Affairs (DVA) Rating Decisions, dated 12 November 1971 and 21 July 1990. c. Memorandum, dated 15 March 1971, titled: Operational Report-Lessons Learned, Headquarters, 25th Infantry Division, Period Ending 31 July 1970. d. Page 2 of an undated Standard Form (SF) 88 (Report of Medical History), Separation Physical. The DVA rating decision, dated 21 July 1990, shows the applicant was evaluated based on his service medical records, DVA treatment and examination records,...

  • ARMY | BCMR | CY2013 | 20130007201

    Original file (20130007201.txt) Auto-classification: Denied

    The applicant states: * he has a valid hearing loss certified by the VA due to armor training, annual weapons qualification, and over 1900 hours of flight time in various helicopters from 1969 until 1988 * his aviation training started in 1969 and he earned his senior army aviator badge * due to military flight training, he failed many hearing tests from 1975 and 1976, that date forward, and was granted a waiver from 1976 through 1989, in order to pass a flight physical * he is requesting...

  • AF | BCMR | CY2004 | BC-2003-03893

    Original file (BC-2003-03893.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-03893 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, bilateral patellofemoral syndrome and tinnitus, be assessed as combat related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act. In support of...

  • AF | BCMR | CY2004 | BC-2003-04234

    Original file (BC-2003-04234.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-04234 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, hearing loss, hypertension, and tinnitus, be assessed as combat related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act. In support of his...

  • ARMY | BCMR | CY2011 | 20110019168

    Original file (20110019168.txt) Auto-classification: Denied

    The applicant provides copies of: * letter from the Army Review Boards Agency (ARBA), dated 13 July 2011 * his letter to ARBA dated 19 September 2011 * DD Form 149 (Applications for Correction of Military Records), dated 2006 * Article from USA Today "More Purple Hearts after Army Clarifies Concussion", dated 21 March 2011 * DA Form 4700 (Medical Record – Supplemental Medical Data), dated 25 August 2004 * SF 600 (Chronological Record of Medical Care, dated 18 October 2004 * Department of...

  • AF | BCMR | CY2010 | BC-2010-03157

    Original file (BC-2010-03157.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03157 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, hearing loss and tinnitus be assessed as combat-related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act. The applicant's complete submission, with attachments, is...

  • AF | BCMR | CY2004 | BC-2003-03390

    Original file (BC-2003-03390.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-03390 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, neck strain, chronic low back pain, hemorrhoids and impairment of sphincter control, ingrown toenails, sinusitis, tinnitus, and hypertension, be assessed as combat related in order to...

  • ARMY | BCMR | CY2011 | 20110010261

    Original file (20110010261.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). Army Regulation 600-8-1 (Army Casualty Program), in effect at the time, states LOD investigations are conducted essentially to arrive at a determination of whether misconduct or negligence was involved in the disease, injury, or death and, if so, to what degree. The SF 513 submitted by the applicant suggests that his tinnitus, mild inner ear damage hearing loss was due to noise exposure in Vietnam...