DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 05743-09
10 June 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 4 June 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
‘gupport 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.
The Board found that you served on active duty in the Navy from
24 January 1966 to 3 October 1969, when you were released from
active duty and transferred to the Navy Reserve by reason of
reduction in authorized strength:~-On-25 February 2008, the
Department of Veterans Affairs (VA) denied your request for
service connection for a left shoulder dislocation, which it
determined was not incurred in the line of duty; unfortunately,
the VA did not provide a copy of the records upon which that
determination was based.
As the service and health records available to the Board do not
contain any information concerning the circumstances of the
Shoulder injury you sustained on 19 September 1968, the Board
concluded that there is no reasonable basis for correcting your
record to show you were injured in the line of duty.
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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