DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
JRE |
Docket No. 00913-09
24 Bugust 2009
This igs 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 20 Bugust 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 ali 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 were granted combat-related special
compensation for 4 bilateral foot condition because a Department
of Veterans Affairs (VA) rating decision appears to indicate
that the conditions were cause by your presumed exposure to
Agent Orange. As the VA did not attribute either of your other
disabilities to your exposure to Agent Orange, and there is no
indication in your record that those conditions were caused by a
combat-related event, You are not entitied to crsc for those
conditions. Accordingly, your application has been denied. The
names and votes of the members of the panel will be furnished
upon request.
Tt 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,
. ¢
W. DEAN PFEI
Executive Di ct
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