DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX ORE
WASHINGTON DC 20370-5100. no et No. 05939-09
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. You requested that your record
be corrected to show that your right hand was wounded, rather
than your left. .
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,
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 entries in your service record book
indicate that you sustained a shrapnel wound to your left hand
on 20 September 1967 while serving Vietnam with the Marine
Corps. On 7 February 2008 the Department of Veterans Affairs
(VA) denied your request for service connection for residuals of
a shell fragment wound. The VA noted that although your service
record indicates that you were wounded, your health record does
not contain any evidence of treatment for combat wounds. In
addition, it was impossible for VA examiners to determine
whether the scar on your right hand was the result of a shrapnel
wound.
In view of the foregoing, and as the Board was not persuaded
that you sustained a wound to your right hand rather than your
left, 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,
Wook
W. DEAN PRRI
Executive rettor
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