DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON BRC 20370-5100
JRE
Docket No. 04987-08
12 December 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 December 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, it considered the
enclosed advisory opinion from the Director, Secretary of the
Navy Council of Review Boards dated 18 November 2008.
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 substantially
concurred with the comments contained in the advisory opinion.
Accordingly, that portion of your application as pertains to the
conditions of posttraumatic stress disorder, tinnitus, ulcer,
-gout and neuropathy of the right upper extremity, has been
denied. Your remaining requests were granted administratively by
the Combat Related Special Compensation Board. The names and
votes of the members of the panel will be furnished upon
request.
Tt 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,
aNd
W. DEAN PF
Executive e&xWor
Enclosure
DEPARTMENT OF THE NAVY
SECRETARY OF THE NAVY COUNCIL OF REVIEW BOARDS
720 KENNON STREET SE STE 309
WASHINGTON NAVY YARD DC 20374-5023 IN REPLY REFER TO
18 November 2008
From: Director
To: Executive Director, Board for Correction of Naval
Records
Subject: REQUEST FOR COMMENTS AND
RI
CASE OF FORMER ”
ECOMMENDATIONS IN THE.
Ref: Your ltr JRE:jdh Docket No. 4987-08 of 5 Nov 08
SECNAVINST 1850.4E
10 USC 1413a
38 CFR para 3.307(a) (6)
38 CFR para 3.309(e)
79aada ow
Encl: Copy of 1850 CRSC ltr dtd 14 November 2008
1. Documents contained in Ref (a) were reviewed in accord
with References (b-e).
2. After careful review of the submitted documents, I have
determined that the available evidence is sufficient to
warrant recommending a partial grant of petitioner’s BCNR
request by awarding Combat Related designation to the
following medical conditions: Diabetes Mellitus Type II
and Peripheral Neuropathies of the Left Upper Extremity and
both Lower Extremities. Combat Related status was denied
for the claimed neuropathy of the Right Upper Extremity and
Post Traumatic Stress Disorder due to a lack of supportive
evidence. Details are contained in the enclosed copy of
the 14 November 2008 Combat Related Special Compensation
Board finding letter (originally mailed, directly, to
petitioner).
3. In summary, the evidence appears sufficient to warrant
recommending a partial grant of petitioner’s BCNR request.
sodas
b 3
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