DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 10323-10
1 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 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 January
2009 that the disability of your lumbar spine is not combat-related.
The Board could not find any indication in your naval record that
you sustained a back injury while serving in Vietnam or performing
duties simulating war.
The Department of Veterans affairs granted your request for service
connection for a back condition based on several entries in your naval
health record. One of those entries, dated 5 October 1967, shows that
you had had low back pain for about one and one-half years, which
would have been before you were assigned to Vietnam. The entry does
not mention a history of trauma. In addition, your health record
contains a Report of Medical History dated 12 April 1970 in which
you disclosed a history of fainting spells and sea sickness, but did
not report a history of a back injury or back pain.
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,
4
ky
W. DEAN PFEF
Executive réctor
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