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NAVY | BCNR | CY2009 | 11148-09
Original file (11148-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX JRE

WASHINGTON DC 20370-5100 Docket No. 11148-09
5 August 2010

 

 

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

[B DATE]. 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. In
this connection, the Board substantially concurred with the
determination of the Combat Related Special Compensation Board
determination of 30 March 2007 that you failed to demonstrate that
your migraine headaches, flat feet, intervertebral disc syndrome and
ankylosing spondylitis were caused by a combat related event or
events. 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 entitledto 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,

WW,

W. DEAN P I
Executive Di

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