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NAVY | BCNR | CY2010 | 07637-10
Original file (07637-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

JRE
Docket No. 07637-10
25 October 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 21
October 2010. Your allegations of error and injustice were reviewed
+n 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.

You entered on active duty in the Navy Reserve during March 1990.
You completed a Report of Medical History on 24 February 1994 in which
you denied having a history of palpitations or pounding of the heart
or any other heart condition. You underwent a pre-separation physical
examination on that date and were found physically qualified for
release from active duty pending the results of an HIV test. Item
29 of the report of examination entitled clinical evaluation of heart
was marked as normal. You were released from active duty on 11 March
1994. On6 June 2002, the Department of Veterans Affairs denied your
request for service connection for mitral valve prolapse (MVP)
because there was no evidence in the available records that the MVP
had been incurred during your period of active service or within one
year of your release from active duty.

In view of the foregoing, and as you have not demonstrated that you
were suffering from a heart condition or defect prior to your release
from active duty, 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
w 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
#verror or injustice.

Sincerely,

\o

W. DEAN P
Executive D

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