Search Decisions

Decision Text

NAVY | BCNR | CY2009 | 08205-09
Original file (08205-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

JRE
Docket No. 08205-0909
ll December 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 10 December 2009. Your allegations of error and’
injustice were reviewed in accordance with administrative
reguiations 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. In this regard, the Board concurred with the
finding of the Combat Related Special Compensation (CRSC) Board
of 17 March 2009 that the cause of your diagnoses could not be
determined, and that you have not demonstrated that your
disabilities are combat-related. In addition, the Board noted
that you sought treatment for weakness.in your legs in October
1983; you complained of leg weakness in 1989 after hitting the
top of your head as you were entering an automobile; you
completed a Report of Medical History on 25 February 1991 in
which you did not disclose a history of significant head or back
injuries; and that there is no contemporaneous record of the
trauma you sustained in 1985 during a general quarters exercise.
‘The Board also noted that the combat-related finding made by the
Physical Evaluation Board (PEB) in 1993 relates to the issue of
the taxability of your retired pay rather than your eligibility
for CRSC and is not binding on the CRSC Board or the Board for
Correction of Naval Records.

 

 

In view of the foregoing, 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

W. DEAN P
Executive

Similar Decisions

  • NAVY | BCNR | CY2005 | 07924-05

    Original file (07924-05.rtf) Auto-classification: Denied

    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 was not persuaded that you injured your lower back, left biceps muscle and left shoulder...

  • NAVY | BCNR | CY2009 | 05518-09

    Original file (05518-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 August 2009. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...

  • NAVY | BCNR | CY2007 | 00314-07

    Original file (00314-07.rtf) Auto-classification: Denied

    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. The Board concluded that the entry in your evaluation report for the 17 January-5 November 1968 period concerning “trouble” with your back” refers to recurrent infections of a pilonidal cyst which required extensive treatment, rather than to a traumatic back injury. Consequently, when...

  • NAVY | BCNR | CY2008 | 07220-08

    Original file (07220-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 May 2009. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2009 | 00466-09

    Original file (00466-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 September 2009. In addition, the Board considered the decision of the Combat Related Special Compensation (CRSC) Board dated 13 November 2008, a copy of which is attached. 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.

  • NAVY | BCNR | CY2009 | 03943-09

    Original file (03943-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 May 2009. 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. In this regard the Board found that the Department of Veterans Affairs (VA) granted your request for service connection for hearing loss because of the...

  • NAVY | BCNR | CY2005 | 02675-05

    Original file (02675-05.doc) Auto-classification: Denied

    Sincerely, Enclosure DEPARTI~NT OF THE NAVY SECRETARY OF THE NAVY COUNCIL OF REVIEW BOARDS COMBAT-RELATED SPECIAL COMPENSATION BRANCH 201 12TH STREET SUITE 703 ARLINGTON, VA 22202-4357 iN REPLY REFER 10 1850/I CRSC 15 Mar 2005 Subj: APPROVAL OF CRSC UPON RECONSIDERATION IN THE CASE OF~E~ qflUIIgIpUUIqqU~MUJP~4~ USN DOCKET NUMBER NCO4—00680 Ref: (a) 10 U.S. Code 1413a End: (1) DD Form 149 Application for Correction of Military Record 1. Your application package does not establish that...

  • NAVY | BCNR | CY2009 | 02298-09

    Original file (02298-09.pdf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DG 20376-5100 . 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. 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.

  • NAVY | BCNR | CY2007 | 09989-07

    Original file (09989-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 September 2008. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2009 | 00021-09

    Original file (00021-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 March 2010. In addition, the Board considered the advisory opinion furnished by the Director, Secretary of the Navy Council of Personnel Boards dated 23 November 2009 and your response thereto. Among the records in that Folder are two civilian health record entries of note which you did not submit in support of your application.