DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 03943-09
5 June 2009
Dear
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. The Board’s review was limited
to your request for combat related special compensation (CRSC)
for hearing loss, as your request for CRSC for your other
disabilities was returned to the CRSC Board for further review.
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. In this regard the Board found that the
Department of Veterans Affairs (VA) granted your request for
service connection for hearing loss because of the high
frequency hearing loss documented in the report of your pre-
separation physical examination. It appears that the VA rating
officials failed to notice that the same degree of hearing loss
is documented in the report. of your pre-entry physical
examination, which suggests that you did not sustain a
significant hearing loss while on active duty, and that you
hearing disability is not combat-related. 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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