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Decision Text

NAVY | BCNR | CY2009 | 05421-09
Original file (05421-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

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

 

JRE
Docket No. 05421-09
5 June 2009

 

Dear 9a

 

 

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 29 May 2009. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures apflicable 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.

4

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 concluded that
your uncorroborated assertion that you suffered a ruptured
eardrum in 1965 while serving on active duty is insufficient to
demonstrate that such a rupture occurred. In addition, the Board
noted that the Department of Veterans Affairs denied your
request for service connection for a perforation of your right
eardrum, as there was no evidence that a perforation occurred
during your period of naval service.
In view of the foregoing, 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,

Wanues

W: DEAN PF
Executive actor

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