DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
JRE
Docket No. 06400-09
3 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 in which you requested that the
Board create a record of an injury you contend you sustained
while on active duty and that you suffered from posttraumatic
stress disorder.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 30 July 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 you served on active duty in the Navy from
5S May 1970 to 4 February 1972 as a culinary specialist. There
is no indication in your naval record that you sustained a
significant injury to your lower extremities during. that period
other than an unspecified injury that apparently resulted in
swollen feet and was assessed as a strain. In addition, the
records do not establish that you suffered from posttraumatic
stress disorder. Following your discharge, you applied to the
VA denied for service connection for several different
conditions of your lower extremities and posttraumatic stress
disorder. The majority of your requests were denied; however, on
29 November 2006 the VA granted your request for service
connection for metatarsal arthritis of the right foot thought to
be related to the aforementioned injury.
In the absence of credible evidence which demonstrates that you
sustained a significant injury to your lower extremities other
than that which is already shown in your record, or that you
suffered from posttraumatic stress disorder while you were on
active duty, the Board was unable to recommend corrective action
in your case. 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,
Lo Qa, GR’
W. DEAN PFHAF
Executive cCLor
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