DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
JRE
Docket No. 06417-08
5 October 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 27 August 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. In this regard, the Board concurred with the
findings of the Traumatic Servicemembers Group Life Insurance
Appeal Board decision of 28 January 2008 that you failed to
demonstrate that you were unable to bathe without assistance for
30 consecutive days as a result of the wounds you sustained on
23 August 2006. The Board for Correction of Naval Records neted
that the available records indicate that you required assistance
in dressing your wound before bathing for an unspecified period
of time; however, a medical record entry dated 22 September 2006
indicates that you had been “packing” the wound “every other or.
third day”, which indicates that you no longer required
assistance dressing the wownd before bathing for some period of
time prior to 22 September n0ca6.
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,
\peaele
Executive Di
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