. OF THE NAVY @
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 04963-10
1 October 2010
i
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 30
September 2010. 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 regard, the Board concurred with the determination made in your
case by the Combat Related Special Compensation Board on 16 February
2010 that you knee disability is not combat-related. In addition,
the Board noted that you sustained several knee injuries while
running and playing softball and football, and that your
pre-retirement Report of Medical History indicates that you had
undergone knee surgery for sports-related injuries.
As the Board was unable to conclude that your current knee disability
was caused by a combat-related event, 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.
A os
Sincerely,
Ly yan
W. DEAN PFEI
Executive Direc
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