DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX ,
WASHINGTON DC 20370-5100 URE
Docket No. 05951-0908
11 May 2009
This #s 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 23 April 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 existende of probable material
error or injustice.
The Board found that you served on active duty in the Navy from
16 February 1989 to 23 March 1993, when you were discharged by
reason of physical disability with entitlement to severance pay.
The Department of Veterans Affairs (VA) awarded you a disability
rating of 40% for residuais of a gunshot wound to the left
buttocks, with sciatic nerve damage, effective from 6 February
2005. On 11 July 2008 the VA denied your request for service
connection for back pain, after determining that the pain was
not related to the gunshot wound or the continued presence of a
bullet fragment in the L5 vertebral body.
The Board noted that entries in your naval record indicate that
when shot on 19 April 1992, while off duty, a bullet entered
your left buttocks and lodged near your spinal canal. The Board
concluded that given that information, there is there is no
basis for correcting your record to show that you sustained a
gunshot wound to the lower back vice the buttocks. Accordingly,
your application has been. denied. The names and votes of the
members of the panel will be furnished upon request.
The Board did not consider the issue of your entitlement to a
disability rating from the Department of Veterans Affairs {VA)
for a back condition in addition to the 40% rating you receive
for the residuals of the gunshot wound to your buttocks, as that
issue is within the purview of the VA rather than the Department
of the Navy.
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,
rT ROBERT ZSALMAN
Acting Executive Director
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