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
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