DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX ORE
WASHINGTON DC 20370-5100. pooket No. 05518-09
14 August 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 6 August 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,
xegulations and policies. In addition, the Board considered the
findings made in your case by the Combat Related Special
Compensation (CRSC) Board dated dated 20 April 2009, a copy of
which is attached.
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 connection, the Board substantially
concurred with the findings of the CRSC Board. The Board was not
persuaded that any of the disabilities rated by the Department
of Veterans Affairs (VA) directly resulted from a combat-related
activity, the available records do not conclusively establish
that you were engaged in duties simulating war when you first
experience lower back pain, or that the back pain was caused by
an acute injury which ultimately resulted in your spinal
disability, as opposed to being the first manifestation of a
degenerative process in your spine. 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,
W. DEAN PFE
Executive Dikac
Enclosure
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