DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
JRE
Docket No. 11571-08
12 January 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. You requested, in effect, that
your record be corrected to show that you were retired on or
about 30 September 1979 by reason of a combat-related
disability.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 8 January 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 found that
although your condition, stage IV mantle cell lymphoma, has been
linked to your presumed exposure to Agent Orange, that condition
was not diagnosed until the year 2000, more thirty years after
you transferred to the Fleet Marine Corps Reserve. In the
absence of evidence which demonstrates that you were suffering
from Lymphoma in 1979, and that you were unfit for duty because
of that condition, there is no basis for granting your request
for corrective action. Accordingly, your application has been
denied. The names and votes of the members of the panel will be
furnished upon request.
The Board noted that you should consider submitting a request
for concurrent receipt of disability and retired pay to the
Defense Finance and Accounting Service, or for combat-related
special compensation from the Combat Related Special
Compensation Board, Secretary of the Navy Council of Review
Boards.
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,
TNS px KN, LA
ROBERT D. ZSALMAN
Acting Executive Director
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