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Decision Text

NAVY | BCNR | CY2008 | 12082-08
Original file (12082-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

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

JRE
Docket No. 12082-08
5 dune 2009

 

——

 

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 29 May 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.

The Board found that you enlisted in the Navy on 12 October
1982. On 23 May 1985, a medical board gave you diagnoses of
fractured left tibia and fibula, and fractured right tibia.
Although the corpus of the medical board report does not
indicate that those conditions became worse beyond normal
progression during your naval service, a code on the medical
board cover sheet indicates that the conditions were service
aggravated. On 26 August 1985, the Physical Evaluation Board
(PEB) made preliminary findings that you were unfit for duty
because of the residuals of the leg fractures, and:that the
disability was not ratable because it was not incurred in or
aggravated by your naval service. You accepted the recommended
findings of the PEB on 29 August 1985, and waived your right to
a hearing before the PEB. You were discharged without
entitiement to disability benefits on 28 October 1985.

The Board was not persuaded that the residuals of your pre-
existing leg injuries were incurred in or aggravated by your
naval service. As noted above, you apparently agreed with that
determination in 1985, as you accepted the findings of the PEB
and did not demand a hearing. In the absence of evidence which
demonstrates that your disability was aggravated by your
service, the Board was unable to recommend any corrective action
in your case. 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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