‘DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHIN DC 2 -
Ss GTON 0370-5100 JRE
Docket No. 07970-08
11 May 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 7 May 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 evidénce submitted was
insufficient to establish the existence of probable material
error or injustice. In this regard, the Board concurred with the
determination made in your case on 26 March 2008 by the Combat
Related Special Compensation Board, that you failed to |
demonstrate that your condition of tinnitus is combat-related.
In addition, the Board noted that although you state that the
tinnitus developed as a result of your exposure to naval gunfire
in the mid-1960’s, you did not report ear trouble in any of the
numerous reports of medical history you completed during the
remainder of your lengthy naval career.
‘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. 7
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,
TT pen es, fe ee
ROBERT D\%ZSALMAN
Acting Executive Director
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