DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 Docket No. 05422-08
19 March 2009
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 5 March 2009. 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 found that you served on active duty in the Navy from 2 July
1952 to 11 January 1955. On 11 November 1988 and several
occasions thereafter the Department of Veterans Affairs (VA)
denied your request for service connection for injuries to your
head and back. On 20 November 2006 the Board of Veterans
Appeals found that the “buddy statements” you submitted in
support of your claim were evidence of an in-service occurrence
which may or may not have resulted in injury, but not evidence
of the in-service occurrence of a head or back injury.
The Board carefully considered your personal statement and
“buddy” statements, but found that information insufficient to
demonstrate that you sustained significant injury to your back
or head during your naval service. 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,
BT EEN
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