Search Decisions

Decision Text

NAVY | BCNR | CY2008 | 11481-08
Original file (11481-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

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

 

JRE
Docket No. 11481-08
11 December 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 11 December 2008. After careful consideration of
your application, the Board concluded that your application was
not timely filed, and that it would not be in the interest of
justice to excuse your failure to submit your application in a
timely manner.

Although you state you discovered the alleged error and/or
injustice in your record in 1994, when you were notified by the
Department of Veterans Affairs (VA) that your request for
service connection for a hearing loss had been denied, available
records indicate that the VA denied similar requests in 1956 and
1987. It appears that you were aware of your hearing loss when
you were released from active duty in 1954, as you advised the
Board of Veterans Appeals in a statement dated 10 July 1989 that
“Nevertheless, it was obvious to me, my family, and my friends
that a noticeable degree of hearing loss had occurred. Also, at
that time, there was an undesirable social stigma associated
with people who endure a hearing loss, so I didn’t pursue this
disability with the Veterans Administration”.

The Board did not consider your request that additional
information be entered in item 29 of your DD Form 214 because
you did not exhaust an available administrative remedy by
submitting that request to the Commandant of the Marine Corps
for administrative correction.

You may request reconsideration of this decision. Your request
must include newly discovered relevant evidence which was not
reasonably available to you when you submitted your application.
The evidence may pertain to the timeliness of your application
or to its merits. Absent such additional evidence, further
review of your application is not possible.

I regret that a more favorable reply cannot be made.

Sincerely,
W. DEAN P B
Executive Qitector

Similar Decisions

  • NAVY | BCNR | CY2014 | NR4914 14

    Original file (NR4914 14.pdf) Auto-classification: Denied

    In August 2011, NAVADMIN 235/11 changed this requirement and established a deadline for transfer of eligibility of August 1, 2013. New evidence is evidence not previously considered by the Board prior to making its decision in this case. Beginning 1 August 2013, DoD Policy requires that all service members who wish to transfer their education benefits to a family member obligate for an additional four years of service regardless of their time in service or retirement date.

  • AF | PDBR | CY2009 | PD2009-00429

    Original file (PD2009-00429.docx) Auto-classification: Denied

    Examinations from May 2005 by a civilian neurologist show difficulty with right foot dorsiflexion, a lot of pain laterally on the leg from the knee down, especially on the foot with any tactile stimuli or with movement. The VA rated the CI’s disability under a peripheral neuropathy code but included the functional motor loss and therefore was not limited to rating the disability at the moderate level. The CI had motor weakness most likely due to pain documented on multiple examinations as...

  • NAVY | BCNR | CY2014 | NR3895 14

    Original file (NR3895 14.pdf) Auto-classification: Denied

    In addition, the Board considered the advisory opinion furnished by HOMC memo 7220 MPO of 22 Sep 14, a copy of which is attached. Accordingly, your application has been denied. NR3895-14 for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.

  • NAVY | DRB | 2005_Navy | ND0500489

    Original file (ND0500489.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214 Page from Enlistment or Reenlistment Contract Letter from Applicant Evaluation Report & Counseling Record (6 pgs) PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of...

  • NAVY | BCNR | CY2013 | NR5353 13

    Original file (NR5353 13.pdf) Auto-classification: Approved

    Ara PAE ee uu ARLINGTON VA 22204-2490 Chairman, Board for Correction of Naval Records Secretary Of the Navy SE (a) Title 10 U.B.G.. 1552 (1) DD Form 14° w/attachments (2) Advisory Opinion (A/O) from Headquarters Marine Corps (HOMC) meme Traumatic Servicemembers’ Group Life Insurance (TSGLI) Co¢rdinator, Wounded Warrior Regiment of 16 Apr 2014 (3) Chronologi¢al Record of Medical Care of 24 Aug 2009 and Radiology j.esults ico fof 25 Apr 2009 Statement rom of 27 Apr 2014 Statement ‘rom of 25...

  • NAVY | BCNR | CY2014 | NR8226 14

    Original file (NR8226 14.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 April 2015. In addition, the Board considered the advisory opinion furnished by OCNO memo 7220 N130D2/14U0995 of 28 July 2014 and OCNO memo 7220 N130D2/14U01313 of 8 October 2014, a copy of which is attached. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...

  • NAVY | BCNR | CY2007 | 10631-07

    Original file (10631-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 January 2008. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2007 | 02400-07

    Original file (02400-07.rtf) Auto-classification: Denied

    02400-07 3 April 2008This 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 3 April 2008. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Documentary...

  • NAVY | BCNR | CY2010 | 00290-10

    Original file (00290-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 October 2010. In the absence of evidence which demonstrates that you were not physically qualified for release from active duty on 2 October 2008, or that you were unfit for duty by reason of physical disability on 27 May 2009, when you were discharged by reason of physical fitness assessment failure, the Board was unable to recommend any corrective action in...

  • NAVY | BCNR | CY2014 | NR5095 14

    Original file (NR5095 14.pdf) Auto-classification: Denied

    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. Members who are retired are not eligible to transfer the benefits. New evidence is evidence not previously considered by the Board prior to making its decision in this case.