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NAVY | BCNR | CY2008 | 03586-08
Original file (03586-08.pdf) Auto-classification: Denied
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,

~

Ww. BEAN PFE
Executive Dikec
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX

WASHINGTON DC 20370-5100

     

“ts JRE
Docket No. 03586-08

12 September 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 4 September 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 regard, the Board concluded that
asbestos is properly classified as an industrial hazard, rather
than an instrumentality of war, and therefore there is no basis
for correcting your record to show that your pulmonary condition
is combat-related. 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

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