DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-51006
JRE
Docket No. 00643-09
23 November 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.
A three-member panel of the Board for Correction of Naval
Records, sitting -in executive session, considered your
application on 5 November 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 your
record already shows that you sustained bruising to your chest
and underarm area in an aircraft accident that occurred on 16
November 1970. There is no indication in the available records
that you sustained significant injuries to your hips or spine in
that accident. In addition, the Board noted that the Department
of Veterans Affairs denied your request for service connection
for conditions of your right hip and spine because the available
evidence did not support a finding that either of those
conditions was incurred during your period of naval service.
As you have not demonstrated that you ‘sustained any injuries
other than those already recorded in your record, 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.
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,
\a\dnog
W. DEAN PF
Executive ravtor
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