DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No: 03988-0609
11 May 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 7.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 did not accept
your contention to the effect that you sustained a shrapnel
wound while engaged in combat in Vietnam in May 1968. The fact
that the Veterans Administration awarded you a 0% disability
rating for a scar residual to a shrapnel wound of your left ieg.
effective 1 May “1970 was not considered not probative of the
existence or error or injustice in your record because the basis
for that award ig not shown in the available records, and the
report of your pre-separation physical examination dated 14
April 1970 does not indicate that you sustained a leg wound, or
that there was a scar on your left leg. 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,
TR GN fo
ROBERT D
Acting Executive Director
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