DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 12002-08
8 September 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 in which you requested that the
diagnosis of .'‘Scapula Peraneal[sic] Muscular dystrophy” that
appears in your record be changed to “Inclusion Body Myositis", -
and, in effect, that your condition be classified as “combat-
related”, ,
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 3 September 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. In addition, the Board considered the
enclosed advisory opinion dated 26 August 2009 from the
Specialty Advisor for Neurology.
After careful and conscientious consideration of the entire
record, and notwithstanding the comments contained in the
advisory opinion concerning the diagnosis .in question, the Board
found that the evidence submitted was insufficient to establish
the existence of probable material error or injustice. In this
regard, the Board concluded that the establishment of a more
definitive diagnosis of your disability more than. 10 years after
you were retired does not establish that diagnosis made in 1988
is materially erroneous or unjust. The Board concluded that
granting your request would not accord you effective relief
because the requested action would mot affect the dissbility
rating of 100% you were assigned by the Department of the Navy.
In addition, the Board was not persuaded that your disability
was caused by a specific combat-related event. 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
. @xistence of probable material error or injustice.
. Sincerely,
Ns
-W. DEAN PF
Executive Director
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