DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 10128-08
12 December 2008
This ig 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 4 December 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.
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 connection, it concurred with the
determination of the Combat Related Special Compensation Board
of 21 July 2004 that your asbestosis condition is not combat-
related. The Board was not persuaded that the condition was
incurred under the circumstances specified in your application.
The Department of Veterans Affairs granted you service
connection for that condition after resolving doubt in your
behalf and concluding that it resulted from cumulative exposure
to asbestosis over your career. The VA determination that the
Condition is “Service Connected, World War Il, Incurred”, merely
indicates that VA rating officials believe that your first in-
service exposure to asbestos occurred during World War II. It
does not mean that it was incurred in combat. In any case, as
asbestosis is considered to be an industrial hazard, rather than
an instrumentality of war, under the CRSC program guidance,
there is no basis for granting your request. 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,
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