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NAVY | BCNR | CY2008 | 09096-08
Original file (09096-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
: 2 NAVY ANNEX
WASHINGTON DC 20370-5100 .

JRE

Docket No. 09096-08
3 November 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 30 October 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. The Board was unable to obtain your
Marine Corps health record. It obtained a copy of your Air
Force health record from the Department of Veterans Affairs
(VA) .

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 Board did not accept your unsubstantiated contentions to the
effect that you were disabled due to residuals of a fracture
nose, and that you were wounded in action and therefore entitled
to the Purple Heart. Neither of the contentions is supported by
entries in your Marine Corps service record, Air Force health
record, or VA. In addition, the Board noted that your service
record does not indicate that you participated in combat in
Vietnam in 1970, and that you failed to disclose the alleged
disability and wound in the Standard Form 93, Report of Medical
History, you completed when applying for enlistment in the Air
Force in 1984.

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,

 
   

W. DEAN PFE
Executive Di

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