DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 05505-09
19 October 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. You requested that your record
be corrected to show that you have retained foreign bodies
(shrapnel) as a result of wounds you sustained in Vietnam. You
contend that the Department of Veterans Affairs (VA) refuses to
rate your wounds higher than 10% because it fails to recognize
the retained foreign bodies.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 1 October 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. a
The Board found that you sustained fragment wound of your lower
abdominal area on 4 February 1966, for which you received the
Purple Heart. A medical record entry dated 6 February 1966
indicates that x-rays showed a small 2 millimeter fragment in
the wound, and that there was no indication for an attempt to
remove the fragment. You underwent a pre-separation physical
examination on 4 April 1969 and were found qualified for release
from active. Thereafter, the Department of Veterans Affairs (VA)
awarded you disability ratings for posttraumatic stress disorder
(currently 100%), diabetes mellitus (20%), and status/post
shrapnel wounds with retained fragment (10%).
As the VA has acknowledged that there is a retained fragment at
the site of your wound, and your naval records suggests that the
fragment noted on 6 February 1966 was not removed, there is no
basis for correcting your naval health record to explicitly
state that there was a retained foreign body present at the site
of your wound on the date of your discharge. In addition, the
Board concluded that the addition of such an entry would not
accord your effective relief, as it would not cause VA rating
officials-to inerease the rating currently assigned for
status/post shrapnel wound. Accordingly, your application has as
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,
loaned
W. DEAN T
Executive tor
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